(A) Permit issuance. If the applicant has satisfied the requirements of this chapter, then the county shall issue a permit.
(B) Conditions.
(1) The county may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety, and welfare, or, when necessary, to protect the right-of-way and its current and future use.
(2) The county may require, at its discretion, that an applicant install additional facilities at the county's incremental cost, for use by the county and its partners. Costs associated with roadway or sidewalk restoration or paving required for the placement of additionally requested vaults within paved or concrete surfaces outside of the original project scope are not part of incremental costs and are to be provided separately to the county at reasonable cost at the same time incremental costs are provided. The Director and the applicant shall collaboratively develop infrastructure specifications, additional incremental cost estimates, and documentation necessary to transfer right, title, and interest of any additional facilities to the county.
(C) Small wireless facility conditions. In addition to division (B), the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way shall be subject to the following conditions.
(1) A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application.
(2) No new wireless support structure installed within the right-of-way shall exceed 50 feet above ground level without the county's written authorization, provided that the county may impose a lower height limit in the applicable permit to protect the public health, safety, and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding 50 feet above ground level with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit.
(3) No wireless facility may extend more than ten feet above an existing wireless support structure.
(4) Where an applicant proposes to install a new wireless support structure in the right-of-way, the county may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of-way.
(5) (a) Where an applicant proposes collocation on a decorative wireless support structure, sign, or other structure not intended to support small wireless facilities, the county may impose reasonable requirements to accommodate the particular design, appearance, or intended purpose of such structure.
(b) Due to the public health, safety, and welfare concerns associated with the design and function of county owned traffic control facilities, including, but not limited to, signal/semaphore poles and structures, such facilities shall not be defined or permitted as a wireless support structures.
(6) Where an applicant proposes to replace a wireless support structure, the county may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure.
(D) Small wireless facility agreement and fees.
(1) A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the county, or any other county asset in the right-of-way, after the applicant has executed a small wireless facility collocation agreement with the county. The standard collocation agreement may require payment of the following fees or charges:
(a) Up to $150 per year for rent to occupy space on the wireless support structure owned or controlled by the county;
(b) Up to $25 per year for maintenance associated with the space occupied on the wireless support structure; and/or
(c) A monthly fee for electricity used to operate the small wireless facility, if not purchased directly from a utility, at the rate of:
1. Seventy-three dollars per radio node less than or equal to 100 maximum watts;
2. One hundred eighty-two dollars per radio node over 100 maximum watts; or
3. The actual costs of electricity, if the actual costs exceed the amount in divisions (D)(1)(c)1. or (D)(1)(c)2.
(2) The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter, or affect any then-existing agreement between the county and applicant.
(Ord. 91-2019, passed 2-5-19)