9426-03 Amend Chapter 21, The Inclusion of new Article 13 Entitled Regulations for Wireless Telecommunications Facilities

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(B) Alternatives Exhausted -The applicant for a wireless telecommunications facility special exception shall demonstrate that they have exhausted all efforts to locate the proposed telecommunications antennas upon existing telecommunications towers, buildings or structures in the geographical area of the proposed telecommunications antennas. In the event that a wireless communications provider claims that efforts to locate the proposed telecommunications antennas upon existing telecommunications towers, buildings or structures failed because of the demanded lease amount of the owner of an existing telecommunications tower, such dispute over fair market value shall be settled as set forth in sub-Section (C), below. (C) Fair Market Value - In the event of dispute between wireless communications providers regarding the fair market value of rental for a co-location on an existing telecommunications tower which is subject to a requirement to provide co-location at a reasonable and non-discriminatory basis and at a cost not materially exceeding fair market value, the applicant, at the applicant's cost, shall select an independent appraiser to determine fair market value of such rental. In the event of a dispute over the appraisal results, the wireless telecommunication provider shall employ a new appraiser, subject to the approval of the Zoning Administrator. The new appraisal shall be performed at the expense of the wireless telecommunication providers involved in the dispute. The expense of the new appraisal shall be equally shared between the wireless telecommunication providers and the results shall be conclusive. (D) Additional Special Exception Filing Requirements -All applications for a special exception for a new telecommunications tower location shall include the following: i. A service plan for the City of South Bend. The service plan shall demonstrate efforts to minimize the size and number of telecommunications tower locations throughout the geographical area, taking into consideration existing technology. The service plan shall include, but not be limited to the following information: a. A narrative detailing: 1. the reason of need (coverage, capacity, new users, etc.) for a telecommunications tower or wireless communication facility at the requested site; 2. the nature of any existing wireless communication facility sites indicated on the map required by Sec. 21-194 (3), (D), i., b., below, shall be documented (i.e., freestanding structure with available heights noted, roof-mounted applications, 6