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Trenton City Zoning Code

ARTICLE 21

Radio Communication Airways

§ 315-21.1 RADIO COMMUNICATION AIRWAYS.

A. 
Findings.
1. 
Any structure exceeding four stories in height above the ground is a potential cause of interference, interruption or severe degradation to the City's public safety and municipal communications systems.
2. 
The City has invested considerable funds to implement and operate the communications system, which is paramount to the provisions of police, fire, medical and other public services for those who work, reside or own property in the City.
3. 
It is imperative that these communication networks and systems be protected from interference, interruption or degradation by the construction or modification of any building or structure within the City.
B. 
Escrow fees. An applicant of any preliminary or final site plan application for a structure exceeding four stories or 40 feet in height above the ground shall be required to submit double the required professional services escrow fee at the time of application submission (refer to Article 19 for fee calculations) in order to cover the cost of hiring a radio communication expert to determine whether the proposed new construction is likely to interfere with the City's radio communications system. The applicant shall be required to replenish the escrow account on an as-needed basis in accordance with Article 19.
C. 
Regulations. In the event that it is determined by the City's radio communications expert that the construction or modification of such structure may result in interference, interruption or degradation of the City's communications system, approval of the site plan application shall be conditioned upon the applicant providing the following facilities, services and/or financial relief as determined necessary by the City under advisement by its consulting radio communications expert:
1. 
The applicant shall be required to provide sufficient space, up to 1,000 square feet, in the new or modified building to install radio transmitting and receiving equipment as may be necessary to correct all radio system degradation or interference resulting directly or indirectly from the construction or modification. Such space shall be required to overcome the negative or potential effect of the structure on the City's communications systems.
2. 
The applicant shall provide power, including that provided by an emergency electric power generator, adequate to operate all radio and ancillary equipment installed by the City in the proposed facility. Such power sources shall be secure and free from the possibility of disconnection, by accident or otherwise, by maintenance or other persons.
3. 
The applicant shall provide antenna-mounting space and antenna cable paths as necessary to permit the erection of transmitting and receiving antennas in a manner consistent with the radio system's operational and coverage needs.
4. 
The applicant shall provide free and easy access to the radio equipment, antenna systems and power sources, 24 hours per day, seven days per week, without exception. Such access shall not require any City radio system management or its authorized maintenance personnel to wait more than 10 minutes for such access after arriving at the site. Parking and loading facilities shall be provided and conveniently located. Stickers, keys or cards necessary to access these areas will be provided in quantities as needed and at no cost to the City.
5. 
The applicant shall provide such space, power and other services and access without charge or fee to the City, except that the electric service may be provided with a meter that causes a bill for such electric power to be issued directly to the City by the power utility company.
6. 
The City shall be responsible for the maintenance and cleaning of the interior equipment room areas it uses in accordance with these requirements. The building or structure owner shall be responsible for the maintenance and access to these areas and for all roof areas.
7. 
The City shall have the right to install and maintain such security devices as it deems necessary for the protection of its equipment. Such devices shall include, but not be limited to, door locks, intrusion alarms, fire and smoke alarms, sprinkler systems and fire extinguishers. Where appropriate in the City's view, fire and smoke alarms may be interconnected with other building fire and smoke alarms to assure maximum protection and safety to those working in or occupying the building.
8. 
Applicant shall be responsible for the cost of all necessary coverage and operational capacities when the proposed construction or modification of the structure is determined to potentially cause interference or degradation to the City's radio systems, and the structure, such as a monument, is not physically adaptable to supporting radio communications equipments. Such costs shall include leasing, purchasing or otherwise acquiring space in other buildings, erecting radio towers, acquiring building equipment shelters and for doing all other work deemed necessary to restore and secure communications or radio services. The applicant shall also pay the costs of radio control wire lines and other circuits leased from the telephone company that are necessary for the control and operation of the radio equipment at this site. The applicant shall be obligated to pay such recurring costs for leased sites and/or equipment for a period of not less than 10 years or until such time as the City vacates the premises, whichever occurs first.
9. 
The applicant shall provide, install and maintain signal distribution and/or other communication facilities that will assure portable radio coverage throughout the structure and between the inside of the structure and the outside free air. Such facilities will be at the expense of the applicant when determined by the City to preserve life and property, including that of the building owner, those who work in the building and/or those public safety personnel who may have to provide services within the building.