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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.)
(a) Upon approval of its application, an applicant shall receive a small cell use permit indicating that the City has granted the applicant consent to occupy the right-of-way.
(b) A small cell use permit issued to an operator shall have a duration of ten years. Permits may be renewed for five-year terms.
(c) A small cell use permit issued to a facilities operator who is not an operator shall have a term of ten years or the duration of the facilities operator's agreement with a wireless service provider whichever is shorter.
(d) A small cell use permit shall not be renewed if the facilities operator or the facilities are not in compliance with all applicable laws and regulations.
(e) Pursuant to R.C. § 4939.0314(e), a small cell use permit shall be deemed terminated if the facilities operator has not completed construction of the facilities or has failed to attach small cell equipment to a wireless support structure within 180 days of issuance of the permit, unless the delay is caused by:
(1) Make-ready work for a municipally-owned wireless support structure; or
(2) Due to the lack of commercial power or backhaul availability at the site, provided that the operator has made a request for commercial power or backhaul services within sixty days after the small cell use permit was granted.
If the additional time to complete the installation exceeds 360 days after the issuance of the permit, then the permit shall be deemed terminated regardless of the cause of the delay.
(f) A small cell use permit for a new wireless support structure shall be deemed terminated if the facilities operator fails to attach small cell equipment to the new wireless support structure within 180 days of issuance of the small cell use permit.
(g) If the facilities operator fails to remit the annual attachment fee required pursuant to Section 1032.06, then the small cell use permit will expire on the ninetieth day from the date the annual attachment fee was due.
(h) A small cell use permit may be terminated by the facilities operator at any time upon service of sixty days written notice to the City.
(i) Upon termination of a small cell use permit, the facilities operator shall restore and rehabilitate all city-owned wireless support structures and the right-of-way to their former condition and utility.
(j) The City shall not issue any refunds for any amounts paid by the facilities operator upon termination of the permit.
(Ord. 67-18. Passed 7-30-18.)
(a) All facilities operators with consent to occupy or use the right-of-way shall register with the City each calendar year between January 1 and January 31 on a form provided by the City. The form will allow the facilities operator to indicate when there is no change in the information required, and when such indication is submitted, previously provided information will be considered current and will be relied upon. Facilities operators who obtain consent to occupy the right-of-way after September 30 of any year need not file an annual registration for next calendar year.
(b) The purpose of registration under this section is to:
(1) Compile, update and supplement the City's database so that the City has accurate and current information concerning the facilities operators that own or operate facilities in the city's public right-of-way;
(2) Assist the City in monitoring the usage of the public right-of-way in order to ensure that the public receives the maximum possible benefit from that use, and the use is consistent with the best management and care of the public right-of-way;
(3) Assist the City in the collection and enforcement of any municipal taxes, fees, or other charges that may be due the City; and
(4) Assist the city in monitoring compliance with local, state and federal laws.
(c) Registration forms will be provided by the City and shall require the following information:
(1) Any material changes to the information the facilities operator provided to the City in the application for small cell use permit including, but not limited to:
A. The identity, legal status, and federal tax identification number of the facilities operator, including any affiliates or agents.
B. The name, address and telephone number of the local officer, agent or employee responsible for the accuracy of the facilities operator's registration statement and available at all reasonable times to be notified in case of emergency.
C. Evidence that the facilities operator is in compliance with the insurance, indemnity and financial surety requirements pursuant to this chapter.
D. Such other information as the planning coordinator may reasonably require.
(d) In addition to the annual registration requirement, each facilities operator shall keep all required registration information current at all times and shall provide the City with notice of changes to the required information within fifteen days following the date on which the facilities operator has notice of the need for such change.
(Ord. 67-18. Passed 7-30-18.)
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