(a) Applicants who request a Wireless Facility Permit shall file an Application which shall include the name of the person who owns or will own the facility, structure, or equipment for which consent is requested, and who will be performing the work in the Right of Way in such form. The application shall have such attachments as the Village may reasonably require, including but not limited to:
(1) Statement of Intent. The applicant shall provide a statement of a wireless support structure's intended purpose.
(2) Site Plans and Structural Calculations. The applicant must submit fully dimensioned site plans, elevation drawings and structural calculations prepared, sealed, stamped and signed by a Professional Engineer licensed and registered by the State of Ohio. Drawings must depict any existing wireless facilities with all existing wireless communications equipment and other improvements, the proposed facility with all proposed wireless communications equipment and other improvements (including proposed backhaul for electric and telecommunications connectivity) and the legal boundaries area surrounding the proposed facility and any associated access or utility easements.
(3) Equipment and Enclosure Specifications. The applicant shall provide dimensioned elevations, cut sheets, material samples or other construction documents necessary to evaluate for compliance with this Chapter.
(4) RF Compliance Affidavit- RF Compliance Affidavit. Applicants must submit a sworn affidavit prepared and signed by an RF engineer with knowledge about the proposed project that affirms the proposed project will be compliant with all applicable governmental regulations in connection with human exposure to radio-frequency emissions. Nothing herein shall grant the Village authority to impose or enforce regulations independent of applicable federal regulations beyond the Applicant's verification of compliance therewith.
(b) Time Limits. Subject to existing statute or ordinance, the Village shall grant or deny an Application a Wireless Facility Permit within the applicable time limits set forth in statute.
(c) Tolling.
(1) The time period required by statute may be tolled only:
A. By mutual agreement between the Applicant and the Village;
B. In cases where the Village determines that the Application is incomplete; or
C. The number of applications for Wireless Facility Permits exceeds the Village's capacity to processes them within the time limits set forth in law, in which case the Village may toll the time limits in accordance therewith.
(2) To toll the time period for incompleteness, the Village shall provide written notice to the Applicant not later than thirty (30) days after receiving the request. Such notice shall include a list of the missing documents or information shall be reasonably related to determining whether the request meets the requirements of applicable federal and state law. Any notice of incompleteness requiring other information or documentation, including information of the type described in section 4939.0313 of the Revised Code or documentation intended to illustrate the need for the request or to justify the business decision for the request, does not toll the time period.
(3) The time period resumes when the Applicant makes a supplemental submission in response to the Village's notice of incompleteness.
(4) If a supplemental submission is inadequate, the Village shall notify the Applicant not later than ten (10) days after receiving the supplemental submission that the supplemental submission did not provide the information identified in the original notice delineating missing documents or information. The time period may be tolled in the case of second or subsequent notices under the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
(5) In no instance shall the Village toll the time period for any small cell facility or wireless support structure request by more than ninety (90) consecutive days. Upon request the Village shall provide an operator written notice of the time limit for a small cell facility or wireless support structure request.
(d) The Village's approval term of a Wireless Facility Permit shall be for a period of not less than ten (10) years, with presumption of renewal for successive five-year terms, subject to terms providing for early termination or nonrenewal for cause or by mutual agreement and unless otherwise agreed to by both the operator and the Village, except for generally applied permitting to safeguard the public health, safety, and welfare. An operator may remove its small cell facilities at any time subject to applicable work permit requirements and may stop paying annual charges or fees under division (B) of section 4939.0322 of the Revised Code.
(e) If the Village fails to approve or deny Wireless Facility Permit within the required time period, provided the time period is not tolled in accordance with law, the request shall be deemed granted upon the requesting entity providing notice to the Village that the time period for acting on the request has lapsed. (Ord. 2018-14. Passed 7-2-19.)