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(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.)
All telecommunications towers shall be located in accordance with the following standards, except exempt facilities, as defined in Section 1478.03:
(a) Minimum Separation Between Telecommunications Towers (by Tower Type).
Monopole (85 ft.
Lattice Guyed in height or greater)
Proposed Tower Types (Distance in ft.) (Distance in ft.) (Distance in ft.)
Lattice Guyed in height or greater)
Proposed Tower Types (Distance in ft.) (Distance in ft.) (Distance in ft.)
Lattice 1,500 1,500 1,500
Guyed 1,500 1,500 1,500
Monopole (85 ft. in
height or greater) 750 750 750
Camouflaged towers are exempt from the separation between towers requirement listed above.
(b) Setbacks. All setbacks shall be measured from the base of the tower or structure to the applicable property line or structure.
(1) Setbacks from all residential uses and residential districts. All new towers shall be set back a distance equal to 200 feet or 200 percent of the height of the tower, whichever is greater.
(2) Setbacks from all historic sites and districts. All new towers shall be set back a distance equal to 200 feet or 200 percent of the height of the tower, whichever is greater.
(3) Setbacks from all streets and private and public road rights of ways. All new towers shall be set back from all road rights of way, public and private, a distance equal to 125 percent of the tower height.
(4) Setback from overhead power lines. All new towers shall be set back a distance equal to their height from an overhead power line with a voltage exceeding 750 volts.
(5) Setback from all other uses allowable in the zoning district. All new towers shall be set back a distance equal to 100 feet or 125 percent of the height of the tower, whichever is greater.
(6) Guy wires setback. All guy wires shall be set back at least fifty feet from all property lines.
(Ord. 242-98. Passed 1-7-99.)
(a) Locating an antenna that adds not more than fifty feet to the height of an alternative tower structure, including placement of additional buildings or other supporting equipment used in connection with said antenna, shall be permitted, without further review, provided that a permit is issued therefor.
(b) Installing an antenna on an existing tower that adds not more than fifty feet to the height of the existing tower, including placement of additional buildings or other supporting equipment used in connection with said antenna, shall be permitted, without further review, provided that a permit is issued therefor.
(c) Existing nonconforming and conforming telecommunications towers, antennas and facilities may be increased once during the life of the tower a maximum of fifty feet in order to accommodate colocation. A telecommunications tower which is being relocated or reconstructed to accommodate colocation may be relocated within fifty feet of its existing location, with the review and approval of a zoning permit from the Public Safety and Service Director and shall be exempt from all other provisions of this chapter, except that a new structure shall maintain the required falldown radius and required setbacks. Routine maintenance and repair on telecommunications facilities is permitted.
(d) The City and the Planning Commission encourage the location of new telecommunications facilities and the colocation of telecommunications facilities on the following City-owned properties, provided that the operation of said facilities will not disrupt normal City public service use communications or operations. The City may from time-to-time establish standards, separate from the provisions of this chapter, relative to the location of telecommunication facilities on City-owned properties.
(1) City water utility sites.
(2) Merrimac Park.
(Ord. 242-98. Passed 1-7-99.)
If any section, subsection, clause, or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter. The City of London declares that it would have passed this chapter and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any or more such provisions be declared unconstitutional or invalid.
(Ord. 242-98. Passed 1-7-99.)
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