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(a) Any person or entity seeking to collocate a small cell facility in the right-of-way, or to construct, maintain, modify, operate, or replace a wireless support structure in the right-of-way, shall first file a written application for a small cell use permit with the Planning Coordinator for the City of Avon in accordance with the requirements in this chapter, design guidelines set forth in Chapter 1031, R.C. Chapter 4939, and all applicable state and federal laws and regulations.
(b) Applicants are strongly encouraged to contact the City Planning Coordinator and request a pre-application conference. This meeting will provide an opportunity for early coordination regarding proposed facilities, locations, design, application submittal, and the approval process in order to avoid any potential delays in the processing of an application and deployment of facilities in the City.
(c) A small cell use permit granted under this chapter shall not convey any right, title or interest in the right-of-way, but shall be deemed a permit only to use and occupy the public ways for the limited purposes and term stated in the permit, this chapter, and the design guidelines set forth in Chapter 1031 or established by the Planning Coordinator. Further, no small cell use permit shall be construed as any warranty of title.
(Ord. 67-18. Passed 7-30-18.)
Applicants shall classify their application as one of the following types:
(a) Type 1: eligible facilities requests.
(b) Type 2: application for collocation of small cell equipment on a wireless support structure that does not constitute an eligible facilities request.
(c) Type 3: new wireless support structure. Such applications will address construction, modification, replacement, or removal of a wireless support structure within the right-of-way. At the time of application, applicants shall certify that small cell equipment will be placed on the wireless support structure within 180 days from the date the small cell use permit is issued.
(Ord. 67-18. Passed 7-30-18.)
(a) Pursuant to R.C. § 4939.0312, an applicant may file one consolidated application for up to thirty individual small cell facilities or thirty individual wireless support structures as long as the facilities or structures for which consent is requested are substantially similar.
(1) Small cell facilities shall be considered substantially similar when the small cell equipment is identical in type, size, appearance and function.
(2) Wireless support structures shall be considered substantially similar when the wireless support structures are identical in type, size, appearance and function and are to be located in a similar location.
(3) Applications for facilities and wireless support structures cannot be commingled.
(b) The City may, at its discretion, require separate applications for any small cell facilities or wireless support structures that are not substantially similar.
(Ord. 67-18. Passed 7-30-18.)
(a) The fee for each application is two hundred fifty dollars ($250.00). The fee shall be adjusted upward by 10% every five years, rounded to the nearest five dollars ($5.00), beginning in the year 2023.
(b) An application shall not be deemed complete until the fee is paid.
(c) If applications are consolidated, then the fee shall be the sum resulting from the fee set forth in subsection (a) multiplied by the total number of facilities or wireless support structures included in the consolidated application.
(Ord. 67-18. Passed 7-30-18.)
(a) In addition to the application fee, an annual fee shall be paid to the City for each small cell facility attached to a municipally-owned wireless support is two hundred dollars ($200.00). The fee shall be adjusted upward by 10% every five years, rounded to the nearest five dollars ($5.00), beginning in the year 2023.
(b) The first-year attachment fee shall be paid when the collocation is complete, and no later than January 1 each year thereafter. The first-year attachment fee shall not be prorated, regardless of the date that the collocation is complete.
(Ord. 67-18. Passed 7-30-18.)
The applicant must submit the following documentation with each application.
(a) Completed application form including the identity of the applicant, as well as all affiliates and agents of the applicant that will use or be, in any way, responsible for the facilities.
(b) The name, address, and telephone number of the local officer, agent, or employee responsible for the accuracy of the application to be notified in case of emergency.
(c) Fully dimensional scaled site plan (scale no smaller than one inch equals forty feet). The site plan must include:
(1) The exact proposed location of the facilities within the right-of-way;
(2) All existing facilities with all existing transmission equipment;
(3) The location of all overhead and underground public utilities, telecommunications, cable, water, sanitary sewer, and storm water drainage utilities in the public way within 100 feet surrounding the proposed facilities.
(4) The legal property boundaries within 100 feet surrounding the proposed facilities;
(5) Indication of distance between the facilities and existing curbs, driveways, sidewalks, trees, utilities, other poles, and existing buildings within 100 feet surrounding the proposed facilities; and
(6) Access and utility easements within 100 feet surrounding the proposed facilities.
(d) Elevation drawings (scale no smaller than one inch equals ten feet) of the proposed facilities.
(e) Evidence that the applicant provided notice by mail to all property owners and addresses within 300 feet of the proposed facilities prior to submitting the application. The notice shall include:
(1) Name of the applicant;
(2) Estimated date applicant intends to submit the application;
(3) Detailed description of the proposed facilities and the proposed location; and
(4) Accurate, to-scale photo simulation of the proposed facilities. Scale shall be no smaller than one inch equals forty feet.
(f) A preliminary installation/construction schedule and completion date.
(g) Structural calculations prepared, stamped and signed by an engineer licensed and registered by the State of Ohio showing that the wireless support structure can accommodate the weight of the proposed small cell equipment.
(h) Analysis demonstrating that the proposed facilities do not interfere with the City’s public safety radio system, traffic and emergency signal light system, or other City safety communications components. It shall be the responsibility of the applicant to evaluate, prior to making the application for a small cell use permit, the compatibility between the existing City infrastructure and applicant’s proposed facilities.
(i) A landscape plan that demonstrates screening of proposed small cell equipment.
(j) Drawings of the proposed facilities. For all equipment depicted, the applicant must also include, if applicable:
(1) The manufacturer’s name and model number;
(2) Physical dimensions, including, without limitation, height, width, depth and weight with mounts and other necessary hardware; and
(3) The noise level generated by the equipment, if any.
(k) If the applicant is not an operator, then the applicant must provide proof that the applicant has been engaged by a wireless service provider who will be the end-user of the facilities.
(l) If the applicant intends to place small cell facilities and small cell equipment on a wireless support structure that is not owned by the city, then the applicant shall provide written confirmation of permission to use the wireless support structure upon which the small cell facilities and small cell equipment will be located.
(Ord. 67-18. Passed 7-30-18.)
(a) Applications shall be evaluated in the time frames as follows:
(1) Type 1 applications 60 days
(2) Type 2 applications 90 days
(3) Type 3 applications 120 days
(b) Applications shall be reviewed for completeness. If the application is incomplete, then the applicant will be notified of the insufficiency, and the time frames set forth in subsection (a) shall be tolled until the application is made complete, as described below:
(1) To toll the time period for incompleteness, the City must provide written notice to the applicant, specifically identifying all missing documents or information, within thirty days after receiving the application.
(2) The time period set forth in subsection (a) will begin to run again, when the applicant provides a supplemental submission in response to the City's notice of incompleteness, but may be tolled again if the City notifies the applicant in writing, within ten days of receiving a supplemental submission, that the application remains incomplete and identifies which items specified in the original notice of incompleteness are still missing. Timely notice by the City of the deficiencies in a supplemental submission tolls the time period set forth in subsection (a) until the applicant supplies the specified information.
(c) The time frames in subsection (a) may be tolled by mutual agreement between the applicant and the City. The time frames in subsections (a)(2) and (a)(3) may also be tolled as follows:
(1) If the City receives between fifteen and thirty applications in a thirty-day period, then the City may toll for an additional twenty-one days beginning with the sixteenth application.
(2) If the City receives more than thirty applications in a thirty-day period, then the City may toll for an additional fifteen days for every fifteen applications received, up to a maximum tolling period of ninety days, as indicated below:
A. Applications 31-45: 36 additional days
B. Applications 46-60: 51 additional days
C. Applications 61-75: 66 additional days
D. Applications 76-90: 81 additional days
E. Applications 91+: 90 additional days
(3) When an applicant submits an underground area waiver pursuant to Section 1031.13(d) of the Codified Ordinances, in which case the City may toll for an additional fourteen days.
(d) If two applicants request to collocate on the same wireless support structure or two wireless support structures are proposed within a distance that would violate the spacing requirements set forth in Section 1032.16, then the Planning Coordinator may resolve the conflict in any reasonable and nondiscriminatory manner.
(e) If a request for consent is denied, the City shall provide, in writing, its reasons for denying the request, supported by substantial, competent evidence. The denial of consent shall not unreasonably discriminate against the applicant. Grounds for denying an application may include, but are not limited to:
(1) Failure to provide information required under Section 1032.07;
(2) Failure to comply with design guidelines set forth in Chapter 1031;
(3) Failure to provide financial surety pursuant to Section 1032.15;
(4) Failure to remove abandoned facilities as required under Section 1032.12;
(5) Conflict with the historic nature or character of the surrounding area;
(6) Conflict with planned future improvements in the right-of-way; and
(7) Failure to comply with generally applicable health, safety, and welfare requirements.
(Ord. 67-18. Passed 7-30-18.)
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