§ 9. COLLOCATION.

A.

As a condition precedent to the issuance and continuation of a TUP for District #2 or District #3, the TUP applicant shall:

1.

Provide detailed engineering plans, certified by a professional engineer, showing that the WCF and/or support structure requested pursuant to the TUP application shall be engineered, designed and constructed to be capable of allowing the collocation of at least three (3) other TUP applicants; and

2.

Agree to reasonably accommodate the future collocation of at least three (3) antenna arrays, WCF's or attached WCF's.

B.

A TUP shall not be granted to a TUP applicant unless the TUP applicant demonstrates that it has made a reasonable, good faith effort to locate its WCF, attached WCF or antenna array in District #1 and District #3. Competitive conflict and financial burden shall be presumed not to be an excuse to collocation.

C.

In the case of a TUP applicant, failure to comply with the provisions of this section shall be grounds for denial of the TUP application. In the case of a TUP granted under this ordinance [Appendix D], failure to comply with the provisions of this section shall be deemed a violation of this ordinance [Appendix D], and the permittee shall be penalized in accordance with Section 12 [of this Appendix D].