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1325.15 CERTIFICATIONS AND INSPECTIONS.
   (a)   All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the City Building Code and all other construction standards set forth by the City Code and Federal and State Law. For new monopole towers, such certifications shall be submitted with an application pursuant to Section 1325.04(e) and every five years thereafter; for existing monopole towers, such certification shall be submitted within sixty days of the effective date of this article and then every five years thereafter; for new lattice or guyed towers, such certification shall be submitted with an application pursuant to Section 1325.04(e) and every two years thereafter; and for existing lattice or guyed towers, such certification shall be submitted within sixty days of the effective date of this article and then every two years thereafter. The tower owner may be required by the City to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.
   (b)   The City and its agents shall have authority to enter onto the property upon which the tower is located, between the inspections and certifications required above, to insect the tower for the purpose of determining whether it complies with the statewide Building Code and all other construction standards provided by the City Code and Federal and State Law.
   (c)   The City reserves the right to conduct such reasonable and necessary inspections, upon reasonable notice to the tower owner. All expenses by the City related to such inspections shall be borne by the tower owner if any unresolved defects exist.
   (d)   The tower or telecommunications facilities owner shall certify to the City on an annual basis that it is in compliance with all of the requirements of this article, including the requirements set forth in Section 1325.16.
(Ord. 318. Passed 2-4-08.)
1325.16 MAINTENANCE.
   (a)   Tower owners shall at all time employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.
   (b)   Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in substantial compliance with the requirements of the National Electrical Safety Code and all FCC, State, and local regulations, and in such manner that will not interfere with the use of other property.
   (c)   All towers, telecommunications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person.
   (d)   All telecommunications facilities shall maintain compliance with current radio frequency emission standards of the FCC.
   (e)   In the event the use of a tower is discontinued by the tower owner, or in the event a tower owner files notice of the FCC of its interest to cease operating, the tower owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued.
(Ord. 318. Passed 2-4-08.)
1325.17 STEALTH.
   All towers and telecommunications facilities in business and residential districts shall be of stealth design. (Ord. 318. Passed 2-4-08.)
1325.18 TELECOMMUNICATIONS FACILITIES ON ANTENNA SUPPORT STRUCTURES.
   (a)   Any telecommunications facilities which are not attached to a tower may be permitted as an accessory use to any antenna support structure at least thirty feet tall, regardless of the zoning restrictions applicable to the zoning district where the structure is located. Telecommunications facilities are prohibited on all other structures.
   (b)   The owner of such structure or telecommunications facilities shall, by written certification, graphic representation, and detailed plans for the City staff review to verify that:
      (1)   The antenna support structure and telecommunications facilities comply with the statewide building code;
      (2)   Any telecommunications facilities and their appurtenances, located upon the roof of an antenna support structure are set back a distance of at least equal to the height of the telecommunications facilities. However, this setback requirement shall not apply to telecommunications facilities and their appurtenances, located above the roof of an antenna support structure, if such facilities are appropriately screened from view through the use of screening techniques that are compatible with the surrounding build environment and approved by the City. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the roof, but which do not protrude more than twenty-four inches from the side of such an antenna support structure; and
      (3)   All applicable standards of this article are being met.
         (Ord. 318. Passed 2-4-08.)
1325.19 EXISTING TOWERS.
   An existing tower may be modified or demolished and rebuilt to accommodate collocation of additional telecommunications facilities as follows:
   (a)   Application for a permit shall be made to the Office of Code Enforcement which shall have the authority to issue a permit without further approval by the Building Inspector.
   (b)   The total height of the modified tower and telecommunications facilities attached thereto shall not exceed the lesser of the height of the existing tower or the maximum height for tower allowed under this article.
   (c)   A tower which is being rebuilt to accommodate the collocation of additional telecommunications facilities may be relocated on the same parcel subject to the setback requirements of this article. However, if it is impossible for the tower to be built in compliance with the setback requirements of this article, such setback requirements may be waived to allow the tower to be rebuilt in its exact previous location.
      (Ord. 318. Passed 2-4-08.)
1325.20 VARIANCES.
   Additional site plan development review. The City may waive or modify the requirements of this article following the variance process set forth in Section 1317.06 of the Westover Zoning Ordinance where modification is necessary to:
   (a)   Facilitate collocation of telecommunication facilities in order to avoid construction of a new tower; or
   (b)   Meet the coverage requirements of the applicant’s wireless communication system, which requirements must be documented with written, technical evidence from an electrical engineer(s).
      (Ord. 318. Passed 2-4-08.)
1325.21 ABANDONMENT.
   (a)   If the City receives notice or if any tower shall cease to be used for a period of 365 consecutive days, the Code Enforcement Office shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the Code Enforcement Office that such site has been abandoned. The owner shall have thirty days from receipt of said notice to shown, by a preponderance of the evidence, that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the Code Enforcement Office shall issue a final determination of abandonment of the site. Upon issuance of the final determination of abandonment, the owner shall, within seventy-five days, dismantle and remove the owner. If an owner fails to remove an abandoned tower within seventy- five days of the final determination of abandonment, the City may dismantle and remove the tower and recover the costs of the same from the owner or by accessing the bond set forth below. For the purposes of this section, removal includes all physical improvements associated with towers, including foundation and tower grounding.
   (b)   To secure the obligation set forth above, the owner shall post a bond or provide a letter of credit in an amount to be determined by the Mayor based on the anticipated cost of removal of the owner.
(Ord. 318. Passed 2-4-08.)
1325.22 RESERVATION OF RIGHTS.
   The City reserves the right to impose any other reasonable conditions it determines are necessary for the proper placement, construction, or modification of towers or facilities, and/or to impose any other reasonable conditions on the issuance of a Conditional Use Permit for place, construction, or modification of a tower or facilities.
(Ord. 318. Passed 2-4-08.)
1325.23 SEVERABILITY.
   The provisions of this article are severable. If any provision of this article or its application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provisions or application. (Ord. 318. Passed 2-4-08.)
 
 
 
 
      CHAPTER TWO - Subdivision Regulations
         Art. 1371.   General Provisions.
         Art. 1373.    Definitions.
         Art. 1375.    Subdivision Application, Review and Approval.
         Art. 1377.   Street Design Standards.
         Art. 1379.   Utilities and Drainage.
         Art. 1381.   General Requirements and Standards.