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(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.)
(a) Revocation. Grounds for revocation of the conditional use permit, pursuant to the City of London Zoning Code, shall be limited to one of the following findings:
(1) The facility fails to comply with the relevant requirements of this chapter as they exist at the time of annual review and the permittee has failed to supply assurances acceptable to the Public Safety and Service Director that the facility will be brought into compliance within 120 days;
(2) The permittee has failed to comply with the conditions of approval imposed; or
(3) The facility has not been properly maintained.
(b) Abandonment. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned. In such circumstances, the following shall apply:
(1) The owner of such antenna or tower shall remove said antenna and/or tower, including all supporting equipment and building(s), within ninety days of receipt of notice from the Public Safety and Service Director notifying the owner of such abandonment. If removal to the satisfaction of the Public Safety and Service Director does not occur within said ninety days, the City Attorney may order removal utilizing the established bond as provided under Section 1478.09 and salvage said antenna or tower and all supporting equipment and building(s). If there are two or more users of a single tower, then this provision shall not become effective until all operations of the tower cease.
(2) The recipient of a conditional use permit for a telecommunications facility under this chapter shall notify the Public Safety and Service Director when the facility is no longer in operation.
(Ord. 242-98. Passed 1-7-99.)
(a) Tower, Antenna and Facility Requirements. All telecommunications facilities, except exempt facilities as defined in Section 1478.03, shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end, all of the following measures shall be implemented:
(1) All telecommunications facilities shall comply at all times with all Federal Communications Commission (FCC) rules, regulations and standards. To that end, no telecommunications facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceed the Federal Communications Commission (FCC) adopted standards for human exposure, as amended, or any more restrictive standard subsequently adopted or promulgated by the Federal Government. All telecommunications towers and antennas shall meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Occupational Safety and Health Association (OSHA), the Federal Communications Commission (FCC) and any other agency of the State and/or Federal Government with the authority to regulate towers and antennas.
(2) Telecommunications towers shall be constructed out of metal or other nonflammable material, unless otherwise specifically authorized by the City.
(3) All ground-mounted telecommunications towers shall be self-supporting monopoles except where satisfactory evidence is submitted to the City Planning Commission that a guyed/lattice tower is required.
(4) Satellite dishes other than microwave dishes shall be of mesh construction, except where technical evidence acceptable to the City Planning Commission is submitted showing that this is infeasible. Satellite dishes and parabolic antennas shall be situated as close to the ground as possible to reduce visual impacts without compromising their function.
(5) Telecommunications support facilities (i.e., vaults, equipment rooms, utilities and equipment enclosures) shall be constructed out of non-reflective materials (visible exterior surfaces only) and shall be placed in underground vaults to the extent possible. Telecommunications support facilities shall be no taller than one story (fifteen feet) in height, measured from the original grade at the base of the facility to the top of the structure, shall be designed to blend with the existing architecture in the area, shall be screened from sight by mature landscaping, and shall be located or designed to minimize their visibility.
(6) All buildings, poles, towers, antenna supports, antennas, and other components of each telecommunications facility shall be initially painted and thereafter repainted as necessary with a "flat" paint so as to reduce visual obtrusiveness and blend into the natural setting and environment.
(7) All telecommunications towers shall be designed to collapse within a designated falldown radius. The falldown radius for a telecommunications tower shall be contained within the leased parcel.
(8) The falldown radius shall equal 125 percent of the tower height, unless an engineering certification shows that in the event of collapse, the telecommunications tower is designed to collapse within a smaller area.
(9) Telecommunications support facilities shall be the only structure, building, or use allowed within the falldown radius.
(10) Telecommunications towers and antennas shall be designed and constructed in accordance with the Ohio Basic Building Code, the National Electrical Code, the Ohio Plumbing Code, the Ohio Mechanical Code, the Ohio Fire Code, the Subdivision Regulations of the City, and the applicable standards of the Electronic Industries Association (EIA), the American National Steel Institute (ANSI), the American National Standards Institute (ANSI), and the Electronics Industry Association/Telecommunications Industry Association (EITT/TIA) 222-E.3., as amended, where applicable.
(11) The City shall have the authority to require special design of the telecommunications facilities where findings of particular sensitivity are made (e.g. proximity to historic or aesthetically significant structures, views and/or community features).
(12) A radio frequency radiation emission test report, to demonstrate compliance with standards adopted by the Federal Communications Commission (FCC), shall be required for all rooftop antennas and other antennas which are less then thirty feet above the original grade.
(13) The maximum height of an antenna platform located on a rooftop shall be ten feet above the roof. All platforms shall be screened by a parapet or other approved method from all public and private road rights of way, recreational areas, and adjacent residential districts or uses.
(14) Telecommunications facilities located on roofs shall not occupy more than fifty percent of the roof surface of a building and shall be secured from the remaining roof area so as to prevent unauthorized access.
(15) 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 shall be included with any application.
(16) Telecommunications facilities shall not interfere with or obstruct existing or proposed public safety, fire protection or Supervisory Controlled Automated Data Acquisition (SCADA) operation telecommunications facilities. Any alleged interference and or obstruction shall be corrected by the applicant at no cost to the City.
(b) Height. The height of a telecommunications tower shall be measured from the original grade at the base of said tower to the highest part of the tower itself. In the case of building-mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted. In the case of "crank-up" or other similar tower, whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.
(c) Lighting. Telecommunications facilities shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or other applicable regulatory authority. If lighting is required, the lighting design which would cause the least disturbance to the surrounding views shall be chosen.
(d) Site Development. All new telecommunications facilities located on a leased parcel shall maintain a minimum parcel size of 5,000 square feet. The entire falldown radius shall be contained within the leased parcel. All new telecommunications facilities located on a parcel owned by the telecommunications carrier and/or provider shall meet the minimum size requirement of the zoning district in which they are located. Telecommunications facilities sites shall not be used for the outside storage of materials or equipment, or for the repair or servicing of vehicles or equipment. All sites must be served by a minimum sixty-six foot wide easement with a turn-around and shall use existing access points and roads whenever possible. The access point to the site shall be approved by the Public Safety and Service Director and the State of Ohio Department of Transportation.
(e) Protection of Existing Vegetation; Screening of Facilities.
(1) Except for exempt facilities, as defined in Section 1478.03, all telecommunications facilities shall be installed in such a manner as to minimize the disturbance to existing native vegetation and shall include suitable mature landscaping to screen the facility, where necessary. For purposes of this subsection, "mature landscaping" shall mean trees, shrubs or other vegetation of a size that will provide the appropriate level of visual screening immediately upon installation.
(2) Upon project completion, the owners/operators of the facility shall be responsible for the maintenance and replacement of all required landscaping during the most current growing season.
(3) Facility structures and equipment, including supporting structures, shall be located, designed and screened to blend with the existing natural or built surroundings, so as to reduce visual impacts.
(f) Fire Prevention. All telecommunications facilities shall be designed and operated in such a manner as to minimize the risk of igniting a fire or intensifying one that otherwise occurs. To this end, all of the following measures shall be implemented for all telecommunications facilities, except exempt facilities as defined in Section 1478.03:
(1) At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.
(2) Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.
(3) Rapid entry Knox systems shall be installed as required.
(4) All tree trimmings and trash generated by construction and operation of the facility shall be removed from the property and properly disposed of.
(g) Noise. All telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To that end, all the following measures shall be implemented for all telecommunications facilities as defined in Section 1478.03:
(1) Noise-producing construction activities shall only take place on weekdays (Monday through Friday, nonholiday) between the hours of 7:00 a.m. and 8:00 p.m.; and
(2) Backup generators shall only be operated during power outages and for testing and maintenance purposes.
(Ord. 242-98. Passed 1-7-99.)
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