(a) Generally. Locating and constructing a telecommunications tower or a new alternative support structure, including the buildings or other supporting equipment used in connection with said tower, shall require a conditional use permit. The City of London Planning Commission may authorize the Public Safety-Service Director to issue a conditional use permit after review and a public hearing, provided that such conditional use is in accordance with the purpose and intent of this chapter.
(b) Application; Required Information. For all telecommunications facilities, except exempt facilities as defined in Section 1478.03, the Public Safety-Service Director shall require the following information to accompany every application. Said information shall include, but may not be limited to:
(1) A completed conditional use application and a fee of one thousand dollars ($1,000);
(2) The original signature of the applicant and owner (if the telecommunications facility is located in an easement, the beneficiaries of the easement and underlying property owner must authorize the application.);
(3) The identity of the carrier, provider, applicant, landowner and service provider and their legal status;
(4) The names, addresses and telephone numbers of the officer, agent and/or employee responsible for the accuracy of the application;
(5) A plat of survey showing the parcel boundaries, tower, facilities, location, access, landscaping and fencing;
(6) A written legal description of the site;
(7) In the case of a leased site, a lease agreement or binding lease memorandum which shows on its face that it does not preclude the tower owner from entering into a lease on the site with other provider(s), and the legal description and amount of property leased;
(8) A description of the telecommunications services that the applicant offers or provides to persons, firms, businesses or institutions;
(9) Federal Communications Commission (FCC) license numbers and registration numbers, if applicable;
(10) Copies of approvals from the Federal Aviation Administration(FAA);
(11) Copies of any Environmental Assessment (EA) reports on Form 600 or Form 854 submitted to the Federal Communications Commission (FCC), if applicable;
(12) Copies of a Finding of No Significant Impacts (FONSI) statement from the Federal Communications Commission (FCC), if applicable;
(13) An analysis prepared by the actual applicant or, on behalf of the applicant, by its designated technical representative, except for exempt facilities as defined in Section 1478.03, subject to the review and approval of the City of London Planning Commission, which identifies all reasonable, technically feasible, alternative locations and/or facilities which would provide the proposed telecommunications service. The intention of the alternative analysis is to present alternative strategies which would minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the City. The analysis shall address the potential for colocation and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the decision making body making a finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site. The City may require independent verification of this analysis at the applicant's expense.
(14) NIER (non-ionizing electromagnetic radiation) exposure studies;
(15) Plans indicating security measures (i.e. access, fencing, lighting, fire prevention, etc.);
(16) A tabular and map inventory of all existing telecommunications facilities that are located within the City, any incorporated cities and villages within the County and any of the townships and the unincorporated areas within Madison County, Ohio. The inventory shall specify the location, height, type, and design of each existing telecommunications facility, the ability of the tower or antenna structure to accommodate additional colocation antennas, and, where applicable, the height of the alternative support structures.
(17) If the application is for more than one facility, a master plan for all related facilities within the City of London limits and within 1,500 feet of the City boundary;
(18) A report prepared by an engineer licensed by the State of Ohio certifying the structural design of the tower and its ability to accommodate additional antennas; and
(19) Such other information as the City of London Planning Commission may reasonably require.
(c) Colocation. All facilities shall make available unused space for the colocation of other telecommunications facilities, including space for those entities providing similar, competing services. Colocation is not required if the host can demonstrate that the addition of the new services or facilities would impair existing service or cause the host to go offline for a significant period of time. All colocated and multiple-user telecommunications facilities shall be designed to promote facility and site sharing. Telecommunications towers and all necessary appurtenances, including, but not limited to, parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.
(d) Technical Review. The City of London Planning Commission shall employ on behalf of the City an independent technical expert to review all materials submitted, including, but not limited to, those required under this section and in those cases where a technical demonstration of unavoidable need or availability of alternatives is required. The applicant shall pay all costs of said review, including any administrative costs incurred by the City of London Planning Commission. The payment to the City of London shall be due upon receipt of notice from the Public Safety-Service Director. All invoices, fees and charges accumulated for the technical review and administrative costs must be paid in full prior to the issuance of the conditional use permit.
(e) Changes in Information. Each telecommunications carrier and provider shall inform the City within sixty days of a change in the information regarding ownership of the telecommunications facilities or with regard to a change in the availability of colocation space.
(f) Fee. For each conditional use permit approved by the Planning Commission, the applicant shall submit a fee of one thousand, five hundred dollars ($1,500) before the conditional use permit will be issued.
(Ord. 242-98. Passed 1-7-99.)