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9426-03 Amend Chapter 21, The Inclusion of new Article 13 Entitled Regulations for Wireless Telecommunications Facilities
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9426-03 Amend Chapter 21, The Inclusion of new Article 13 Entitled Regulations for Wireless Telecommunications Facilities
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7/24/2008 5:02:15 PM
Creation date
7/24/2008 5:02:15 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
6/9/2008
Ord-Res Number
9426-03
Bill Number
27-03
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(A) The amount to be provided for each telecommunications tower shall be <br />one-hundred and twenty-five (125) percent of the cost of construction <br />based upon a licensed engineers estimate of the cost of construction of the <br />telecommunications tower. <br />(B) The amount for each antenna array on the telecommunications tower shall <br />be one-hundred and twenty-five (125) percent of the cost of construction <br />based upon a licensed engineers estimate of the cost of installation of the <br />antenna array; <br />Any reduction in the security fund provided, because of deductions of fines, <br />penalties, or removal costs, shall be replenished to the total of the required <br />amount within thirty (30) days after notice from the City of South Bend of the <br />amount deducted and the deficiency created hereby. <br />(4) Refund - Within a reasonable period of time, not to exceed three (3) months after <br />the telecommunications tower andJor antenna array is removed, any remaining <br />funds on deposit with the City of South Bend pursuant to this Section, after <br />application and above all expenses provided for herein, shall be refunded to the <br />appropriate owner or provider who created the security fund. <br />Sec. 21-197 Limitations on Special Exceptions <br />(1) A special exception which does not fully comply with the Telecommunications <br />Policies contained herein for telecommunications towers maybe granted upon a <br />determination that such a grant better accomplishes the Telecommunications <br />Policies set out in this Section than would a strict application of these <br />Telecommunication Policies. Such deviations from the City of South Bend <br />Telecommunications Policy shall be no greater than necessary to accomplish <br />those policies. <br />(2) A special exception which does not comply with the development standards of <br />this Section may only be granted upon: <br />(A) approval of a waiver of development standards as provided for herein and <br />subject to the findings required for the grant of a variance of development <br />standards; or, <br />(B) separate application for and approval of a variance of development <br />standards. <br />16 <br />
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