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Except antennas, all small cell equipment to be located in the right-of-way in the French Creek District shall be located in an underground vault or shall be subject to such reasonable, technologically feasible, and non-discriminatory design or concealment measures as the City may specify, as long as such measures do not have the effect of prohibiting the facilities operator's provision of service. Such measures are not considered part of the small cell facility for purposes of facility size restrictions in this chapter or Chapter 1032 of the Codified Ordinances. If such measures are technologically infeasible then the facilities operator may submit a waiver pursuant to Section 1031.13(d).
(Ord. 66-18. Passed 7-30-18.)
(a) Subject to subsection (b), a facilities operator shall locate its facilities underground in an underground area.
(b) A facilities operator may replace an existing wireless support structure or collocate small cell facilities on an existing wireless support structure even if the wireless support structure is located in an underground area.
(c) A facilities operator shall not install a new wireless support structure in an underground area.
(d) An operator may apply to the City for a waiver of the underground placement requirement if the requirement prevents the Facilities Operator from achieving its service objective and the Facilities Operator is unable to achieve its service objective by placing Facilities at:
(1) A location in the public right-of-way where the prohibition does not apply;
(2) A utility easement the service provider has the right to access; and
(3) Other suitable locations or structures made available by the City at reasonable rates, fees and terms.
(e) Submission of a waiver pursuant to subsection (d) is subject to the facilities operator's agreement to toll the time frames set forth in Section 1031.08(a) of the Codified Ordinances by fourteen days.
(Ord. 66-18. Passed 7-30-18.)
It is within the City's reasonable discretion to waive a portion or portions of this chapter, as permitted under state and federal law, where such requirements in the City's judgment, are not necessary or appropriate to protect the City's interests and the purposes and intent of this chapter.
(Ord. 66-18. Passed 7-30-18.)
(a) Any person or entity found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this chapter shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. A separate and distinct offense shall be deemed committed each day during or on which a violation occurs or continues.
(b) If a facilities operator fails to comply with these design guidelines, Chapter 1032 of the Codified Ordinances, or the provisions set forth in R.C. Chapter 4939, the City may terminate the facility operator's small cell use permit.
(c) Nothing in this chapter shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this chapter.
(Ord. 66-18. Passed 7-30-18.)