The following requirements apply to all proposed wireless and cellular telecommunication facilities.
(b) Capacity. All new telecommunications towers constructed shall be designed to have three or more times the capacity of the intended use in order that secondary users could lease the balance of the tower capacity. Subsequent telecommunications service providers cannot be denied space on a tower unless mechanical, structural or regulatory factors prevent co-location or the co-location regulations of Section 1157.09 have been fulfilled.
(c) Liability. The wireless, cellular and small cell telecommunications facility owner/service provider shall be liable for any and all damages, injury to persons or property, or pollution which may result from the construction or operation of the facility within the City. The owner/service provider will hold harmless the City of Oxford, or any of its boards, commissions, agents, officers and employees against all claims, demands, suits, causes of action and judgment due to any damages caused by the operation or construction of the wireless and cellular telecommunications facilities.
(d) Maintenance. Neither the owner(s) of the property on which the wireless cellular and small cell telecommunication facilities are located, nor the service provider in charge of the facility shall permit such property/facilities to fall into a state of disrepair. The telecommunications tower/facilities owner/operator is responsible for maintaining the appearance of all structures and equipment in good condition and for keeping all surfaces absent of flaking or peeling paint and rust. In addition, it shall be the responsibility of the owner/service provider to ensure that the site on which the telecommunications facility is located is kept free of weeds and trash.
(e) Inspection. The applicant shall submit a certified inspection report at least once every five years to ensure the continuing structural integrity of the tower and accessory structures. If the report recommends that repairs are required, then a letter shall be submitted to the City to verify that such repairs have been completed.
(f) Construction Standards. All wireless, cellular and small cell telecommunication facilities and support structures shall be certified, by a qualified Engineer licensed in the State of Ohio, to be structurally sound and, at a minimum, to be in conformance with the Ohio Building Code and all other applicable Codes enforced by the City of Oxford.
(g) Color and Appearance Standards. All wireless, cellular and small cell telecommunication facilities shall be painted a non-contrasting blue-gray or similar color minimizing its visibility at that location to the greatest extent possible, unless otherwise required by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and/or by the standards imposed under any design standards section of this Chapter.
(h) Aesthetics and Design Standards. The wireless, cellular and small cell telecommunications facility must be aesthetically and architecturally compatible with the surrounding environment. Through the Conditional Use process, the City Council may require all facilities to blend into the existing environment, including requiring the use of camouflaging or stealth techniques.
(i) Signage. No advertisement of any kind shall be permitted anywhere upon or attached to a wireless cellular, telecommunications facility. No more than four 'No Trespassing' signs will be permitted, with a maximum of two (2) square feet each. At a minimum there must be at least one sign posted, with a maximum of two (2) square feet, showing a 24-hour telephone number of whom to contract in the event of an emergency. No signage of any kind shall be permitted on any small cell tower, except the 24-hour telephone number of whom to contact in the event of an emergency or other signage as required by relevant state or federal regulations.
(j) Light. Lights, beacons, or strobes of any kind shall not be permitted on any tower antenna or associated equipment unless required by the Federal Aviation Administration. When the FAA requires lighting, the requirements thereof must be presented to the City prior to City approval of the facility. Lighting, when required, shall be oriented so as not to project any beam of light towards surrounding property. Furthermore, telecommunication towers are discouraged from locating in areas that would require special painting or lighting by FAA regulations.
(k) Abandonment. All wireless, cellular and small cell telecommunication facilities shall be subject to the abandonment requirements set forth in Section 1157.12, Removal of Wireless, Cellular and Small Cell Tower Telecommunications Facilities.
(l) Fencing and Screening. Wireless, and cellular telecommunication and towers and associated facilities shall be enclosed by security fencing and shall be appropriately screened through required landscaping/plantings. All telecommunications towers and equipment shall be enclosed with a minimum six-foot height solid and opaque fence, and/or open (chain-link) type fence. Screening shall be required around the security fencing and shall consist of a continuous evergreen hedge at least forty-eight inches high at planting and capable of growing to at least sixty inches within 24 months. All screening shall be located behind the specified setback lines. No barbed wire or razor wire shall be permitted. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible. The applicant is responsible to install and maintain such security fencing and screening in good condition.
(Ord. 3374. Passed 10-18-16.)
(Ord. 3374. Passed 10-18-16.)