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Except as otherwise provided in this chapter, telecommunications facilities may be permitted in all zoning districts, subject to conditional use review and approval by the City of London Planning Commission and in compliance with Sections 1478.06 and 1478.12 and all other applicable sections in this chapter.
(Ord. 242-98. Passed 1-7-99.)
Telecommunications facilities may be permitted as provided for in Section 1478.04. However, such facilities shall be subject to the review and approval of all appropriate local, State and Federal governmental entities. Telecommunications facilities shall not be permitted within:
(a) A one-half mile radius from heliports; or
(b) A one-half mile radius from private airport runways and public use airport runways.
(Ord. 242-98. Passed 1-7-99.)
Unless otherwise provided for within this chapter, no telecommunications facilities, except exempt facilities as defined in Section 1478.03, shall be permitted within:
(a) Historic sites and districts listed on the National Register of Historic Places;
(b) Natural areas and critical species habitats;
(c) Floodplains;
(d) Wetlands;
(e) Parks and open spaces identified in the City Park and Open Space Plan; or
(f) Zoning Districts R-1, R-2, R-3, R-4 and PUD (residential).
All maps identifying areas in which telecommunications facilities are prohibited are located within the Public Safety-Service Director's Office and are available for public review and inspection.
(Ord. 242-98. Passed 1-7-99.)
(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.)
(a) Purpose. The purpose of the annual review report under this section is to provide the City with accurate and current information concerning the telecommunications carriers and providers who offer or provide telecommunications services within the City, to assist the City in enforcement of this chapter, and to assist the City in monitoring compliance with local, State and Federal laws.
(b) Annual Review Report. All telecommunications carriers and providers of any new or existing telecommunications facility shall submit annually on or before January 31 of each year, to the Public Safety and Service Director, a telecommunications facility annual review report. The annual review report shall include the names, addresses and telephone numbers of the owners and operators of the facilities, the designated contact person, the type of antenna on the site, applicable Federal Aviation Administration (FAA) licenses, the annual review fee, the type of support structure (tower alternative support), City approval numbers, and any other appropriate information deemed necessary by the Public Safety and Service Director. Tower owners and operators shall supply the number of colocation positions designated, occupied, or vacant. This information shall be submitted on a City form, designated for such use, and shall become evidence of compliance. Structural recertification of existing telecommunications towers shall be submitted with the telecommunications facility tenth annual review report for the tower and facility. The structural recertification shall state general structural conditions and the ability to add additional antennas to the tower. The telecommunications facility annual review report shall include a structural recertification every five years thereafter.
(c) Technical Review. The Public Safety and Service Director shall employ, on behalf of the City, an independent technical expert to review the structural recertification submitted under this section. Payment to the Public Safety and Service Director shall be due upon receipt of the invoice. All invoices, fees and charges accumulated for the technical review and administrative costs thereof must be paid in full prior to the issuance of a conditional use permit.
(d) Annual Review Fee. Following the initial conditional use approval, every year thereafter all telecommunication carriers or providers, except colocators, shall submit, on or before January 31 of each year, to the Public Safety and Service Director, the annual review fee of five hundred dollars ($500.00). The fee submittal is the responsibility of each telecommunications carrier or provider.
(e) Changes in Information. Each telecommunication carrier or provider shall inform the City within sixty days of a change in the information regarding ownership or with regard to changes in the availability of colocation space.
(f) Credit for Colocation. For each colocation identified in the annual review report, the primary carrier shall be given a credit of one hundred dollars ($100.00) for each colocation on the primary's carrier facility, up to a maximum of five colocations and five hundred dollars ($500.00) credit. The Public Safety and Service Director may require verification of the colocators under this subsection.
(Ord. 242-98. Passed 1-7-99.)
(a) It is the express policy of the City of London and this chapter that telecommunications facilities be removed once they are no longer in use and not a functional part of providing telecommunications service and that it is the telecommunications provider's responsibility to remove such facilities and restore the site to its original condition or to a condition approved by the Public Safety and Service Director. This restoration shall include the removal of any substructure, structure or foundation, including concrete, used to support the telecommunications facility. After a telecommunications facility is no longer in operation, the provider shall have ninety days to effect removal of the facility and restoration of the site, unless weather prohibits such efforts.
(b) The telecommunications provider shall provide to the City of London, prior to the issuance of the conditional use permit, a performance bond in the amount of twenty thousand dollars ($20,000) to guarantee that the telecommunications facility will be removed when no longer in operation. The City of London will be named as the obligee in the bond and must approve the bonding company.
(Ord. 242-98. Passed 1-7-99.)
(a) Pre-existing nonconforming telecommunications towers, antennas and facilities may add, move or replace antennas upon review and approval of a City of London zoning permit. An existing telecommunications tower may be increased in height a maximum of fifty feet, or may be relocated or reconstructed within fifty feet of its existing location for the sole purpose of accommodating colocation while maintaining its nonconforming status. Routine maintenance and repair of telecommunications facilities is permitted. (See Section 1478.14(c).)
(b) Beginning July 31, 1999, all telecommunications carriers or providers operating in the City of London prior to the effective date of this chapter shall provide the information required under Section 1478.07 and pay an annual fee of one hundred dollars ($100.00).
(Ord. 242-98. Passed 1-7-99.)
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