(a) General Requirements. The following requirements shall apply to all small cell facilities and wireless support structures proposed within the right-of-way.
(1) No person shall occupy or use the right-of-way except in accordance with law.
(2) In occupying or using the right-of-way, no person shall unreasonably compromise the public health, safety, and welfare.
(3) No person shall occupy or use the right-of-way without first obtaining, under this Chapter or section 1332.24 or 4939.031 of the Ohio Revised Code, any requisite consent of the city.
(b) Pre-Application Conference.
(1) Purpose. Applicants shall contact the city and schedule a pre-application conference. This meeting will provide an opportunity for early coordination regarding proposed small cell facilities and wireless support structure locations, design, and the application submittal, and the approval process in order to avoid any potential delays in the processing of an application and deployment of small cell facilities and wireless support structures in the city. The pre-application conference may be waived at the discretion of the City Engineer.
(2) Appointment Required. An appointment is required for all pre-application conferences. Applicants must contact the designated city staff member as noted on the application form, who will provide applicants an appointment with all applicable city representatives in a timely manner.
(c) Application Required. Anyone seeking to site small cell facilities in the right-of-way shall first duly file a written application with the City Engineer, in accordance with the requirements in this section and additional detailed requirements set forth in the Small Cell Design Guidelines as modified from time to time by the City Manager.
(d) Categories of Small Cell Applications. In accordance with FCC regulations and state law, the City Engineer shall classify every application to locate small cell facility in the right-of-way as one of the following types:
(1) Eligible Facilities Request:
A. Involves collocation, replacement, modification, or removal of small cell facilities on an existing wireless support structure; and
B. Does not substantially change the physical dimensions of the existing wireless support structure.
(2) Collocation with Substantial Modifications:
A. Involves collocation, replacement or modification of small cell facilities on an existing wireless support structure; and
B. Substantially changes the physical dimensions of the existing wireless support structure.
(3) New Wireless Support Structure:
A. Involves the construction, modification, or replacement of a wireless support structure associated with a small cell facility within the right-of-way.
(4) Wireless Support Structure Removal ( Right-of-Way Permit):
A. Involves the removal of a wireless support structure installed within the right-of-way in association with a small cell facility.
(e) Required Small Cell Application Materials. The applicant shall submit to the city the following materials and information associated with each small cell facility application type in order for the application to be considered complete:
(1) Completed application form and fee as specified on the application.
(2) Statement of Intent. The applicant shall provide a statement of a wireless support structure's intended purpose.
(3) Regulatory Authorization - To the extent that the applicant claims any regulatory authorization or other right to use the public right of way, the applicant must provide a true and correct copy of the certificate, license, notice to proceed or other regulatory authorization that supports the applicant's claim.
(4) Owner's Authorization - Applicants must submit evidence sufficient to show that either:
A. The applicant owns the proposed support structure or
B. The applicant has obtained the owner's authorization to file the application.
(5) A scaled and dimensioned site plan (not smaller than one inch equals 50 feet) clearly indicating the following:
A. Proposed location within the right-of-way including nearest cross street intersection(s);
B. For adjacent parcel(s) perpendicular to the proposed small cell facility location, property ownership, including current ownership;
C. All existing conditions within 400 feet of the proposed location, including but not limited to, buildings, utilities within the right-of-way and associated above grade structures, location of electric service and fiber optic cable, all other underground and overhead utilities, small cell structures and facilities, sidewalks/shared-use paths, back of adjacent curb/edge of pavement, driveways, and street trees.
D. Dimensions shall be provided from the proposed small cell facility to existing wireless support structures and equipment, utility structures, back of curb/edges of pavement including driveways, sidewalks and shared-use paths.
E. Dimensions shall be provided between proposed wireless support structures and associated ground mounted equipment.
F. Scaled and dimensioned elevations/profiles and sections (not smaller than 1 inch equals 5 feet) of existing wireless support structures and/or new wireless support structures clearly indicating the following, as applicable:
1. Height from established grade at the base of the wireless support structure to the highest point of the wireless support structure and the height to the highest point of proposed antenna or antenna enclosures, as applicable (overall height).
2. Height from established grade at the base of the wireless support structure to the lowest point of all proposed small cell equipment to be installed on the wireless support structure.
3. The distance from the outer edge of the wireless support structure parallel to the outer edge of all equipment associated with the small cell facility to be installed on the support structure.
G. Scaled and dimensioned details of proposed small cell facilities, including elevations/profiles, plans and sections (not smaller than 1 inch equals 5 feet) clearly indicating the following, as applicable:
1. Height, width, depth and volume in cubic feet of all proposed antenna and exposed elements and/or proposed antenna enclosures.
2. Height, width, depth and volume of all other wireless equipment associated with the facility, with all electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services clearly labeled.
3. Method of installation/connection to pole or ground, as applicable.
4. Color specifications for all small cell support structures and associated exposed equipment, cabinets and concealment elements.
5. Electrical plans and wiring diagrams.
6. Footing and foundation drawings and structural analysis sealed and signed by a professional engineer in the State of Ohio.
H. Manufacturer's specification sheets for all small cell facility equipment proposed, including poles, equipment cabinets, shrouds, or concealment devices, antennas, meters, radios, switches, telecommunications demarcation boxes, and grounding equipment.
I. Scaled and dimensioned landscape plans associated with required screening of ground mounted small cell equipment (where applicable), including a planting plan with proposed plant species, quantities, spacing, height at installation, and planting details.
(f) Required Application Materials for Small Cell Facilities Removal. For applications involving the removal of small cell facilities under an Eligible Facilities Request, the following materials and information shall be provided:
(1) Completed application form and fee as specified on the application.
(2) A scaled and dimensioned site plan (not smaller than one inch equals 20 feet) clearly indicating the following:
A. Proposed location within the right-of-way including nearest cross street intersection;
B. Adjacent parcel(s) perpendicular to the existing small cell facility location property ownership, including current ownership.
C. All existing conditions within 50 feet of the existing small cell facilities locations to be removed, including but not limited to, buildings, utilities within the right-of-way and associated above grade structures, location of electric service and fiber optic cable, all other underground and overhead utilities, small cell structures and facilities, sidewalks/shared-use paths, back of adjacent curb/edge of pavement, driveways, street trees and plant material.
(3) Scaled and dimensioned site and/or structure remediation details in accordance with Small Cell Design Guidelines requirements (not smaller than 1 inch equals 4 feet) clearly indicating the following:
A. Proposed remediation plan for modifications made to city-owned wireless support structures and other areas of the right-of-way associated with collocation of small cell wireless facilities and ground mounted equipment after the removal of these facilities.
B. Proposed restoration of electric and fiber optic connections after removal of small cell facilities, as applicable.
(g) Required Application Materials for Wireless Support Structure Removal. For applications involving the removal of a wireless support structure installed in association with a small cell facility, the following materials and information must be provided:
(1) Right-of-Way Permit application and fee as specified.
(Ord. 29-18. Passed 6-18-18.)