Agenda - Planning Commission - 03/05/2015

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vegetation, except where a design of non -vegetative screening better reflects and complements the architectural character of the surrounding neighborhood, as determined by the City Council. 9. The Tower shall be designed to accommodate at least two (2) additional users. 10. If the Tower is abandoned, it and its associated facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the CITY. 11. Unused portions of the Tower above a manufactured connection shall be removed within twelve (12) months of the time of antenna relocation. The replacement of portions of the Tower previously removed requires the issuance of a new conditional use permit. 12. The Tower shall not interfere with public safety telecommunications, in accordance with the rules and regulations of the Federal Communications Commission (FCC). The PERMITTEE shall notify the CITY at least ten (10) calendar days in advance of such changes and allow the CITY to monitor interference levels during the testing process. 13. This permit does not constitute issuance of a Building Permit. The PERMITTEE is responsible for obtaining all required permits and licenses. 14. No signs will be posted on the Tower, equipment building or fencing except applicable warning or equipment information signs. 15. The Tower shall be maintained and kept in good condition. The pole shall remain free of wear or paint deterioration and shall be painted upon the CITY's request. 16. In the event the Tower is not removed within twelve (12) months of the cessation of operations at the site, the tower and associated facilities may be removed by the CITY and the costs of removal assessed against the PERMITTEE. In the event the PERMITTEE fails to remove the tower and associated facilities as required herein, the CITY shall provide notice to the PERMITTEE of the default condition and establish a thirty (30) day time frame in which the PERMITTEE may remedy the default condition. If the PERMITTEE fails to do so within the 30 day time frame, the City Administrator or his/her designee may order the removal with CITY day labor and/or by letting contracts for said removal. Only the City Administrator or his/her designee shall have the authority to direct the removal and assess the costs to the PERMITTEE. 17. The PERMITTEE shall be responsible for all CITY costs incurred in administering and enforcing this conditional use permit. Said expenses shall be paid within 15 days of billing by the CITY and failure to pay the CITY's expenses within the 15 day billing period will permit the CITY to draw upon any of the escrows required by this agreement for payment. 18. The City Administrator and/or his/her designee shall have the right to inspect the premises for compliance and safety purposes annually or at any time upon reasonable request. 19. The PERMITTEE is responsible for obtaining all required permits or licenses from any other regulatory agencies. 20. This Permit is perpetual in its duration so long as the terms imposed herein are complied with. RESOLUTION #15-03-068 Page 2 of 5