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A. Good Faith. Applicants and permittees shall cooperate and exercise good faith in co-locating wireless telecommunications facilities on the same support structures or site, if the city so requests. For the purposes of this section only, a site may accommodate more than one tower and its accompanying equipment so long as the site exceeds five acres. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing such information normally will not be considered as an excuse to the duty of good faith.

B. Third-Party Technical Review. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require the applicant to obtain a third-party technical study at the applicant’s expense. The city may review any information submitted by the applicant and permittee(s) in determining whether good faith has been exercised.

C. Exceptions. No co-location may be required where the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing wireless telecommunications facilities or failure of the existing wireless telecommunications facilities to meet federal standards for emissions.

D. Violation and Penalty. Failure to comply with co-location requirements when feasible may result in denial of a permit request or revocation of an existing permit. [Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.06.]