(a) Applications for a right-of-way permit shall comply with the requirements of Section 1026.03(d) and shall be on such form and submitted in such manner as the Director of Public Service, or his/her designee, requires. If the applicant is a government agency, then there shall be no application fee. An application for a small cell facility permit shall pay an application fee of two hundred fifty dollars ($250.00) per small cell facility or wireless support structure. All other right-of-way permit applications shall pay an application fee of fifty dollars ($50.00).
(b) Applications for a small cell facility permit may, at the applicant's discretion, request approval of up to thirty small cell facility permits in a single consolidated application subject to following conditions:
(1) The consolidated application may be filed for multiple small cell facilities or wireless support structures only if they are of substantially the same type.
(2) Each small cell facility or wireless support structure in a consolidated application shall be considered on an individualized basis, including but limited to the initial determination by the City under division (b) of this section that the information and documents relating to a particular facility or structure is incomplete.
(3) The applicant shall submit an additional two hundred fifty dollar ($250.00) application fee for each small cell facility or wireless support structure that is the subject of a consolidated application.
(c) Upon the filing of an application for a right-of-way permit under this chapter, the Director of Public Service or his/her designee shall determine if the application is complete. If the application is incomplete, the City shall provide written notice to the applicant, within thirty days of receiving the application, that the application is incomplete and shall specifically identify the missing documents or information.
(d) Upon the receipt of a complete application, the City shall have sixty days to issue a written decision regarding such application. The decision shall grant or deny the application, subject to any appropriate terms and conditions, in accordance with the criteria set forth in Section 1026.05. The Director of Public Service or his/her designee's written decision shall be served upon the applicant by regular U.S. mail, or by electronic mail if requested by the applicant.
(e) Unless otherwise specified in the written decision of the Director of Public Service or his/her designee, the term of any utility permit or small cell facility permit shall be for ten years and the term of general right-of-way permit or special right-of-way permit shall be for five years from acceptance. A special right-of-way permit for residential purposes may be granted for an indefinite term from acceptance but may be canceled by the Director of Public Service or his/her designee with sixty days written notice.
(f) The term of a small cell facility permit shall carry the presumption of renewal for successive five-year terms, provided that the City may terminate or non-renew the permit for cause or by mutual agreement of the parties. Termination or non-renewal for cause shall include any violation of this chapter or any other action or conduct by the operator that harms the public health, safety or welfare. An operator may remove its small cell facilities at any time subject to the provisions of this chapter.
(g) The Director of Public Service or his/her designee's written decision shall become final unless timely appealed pursuant to division (h) of this section.
(h) Any applicant for a right-of-way permit or any other adversely affected person may appeal the failure of the Director of Public Service or his/her designee to grant or deny a right-of-way permit to the Environmental Services Commission. The appeal shall be in writing and shall be delivered to the Environmental Services Commission, within ten days of the Director of Public Service or his/her designee's written decision or within seventy days of the filing of the application if the Director of Public Service or his/her designee has taken no action. The appeal shall be taken on the form prescribed by the City and shall be subject to a one hundred dollar ($100.00) filing fee, but such appeal fee shall not be applied to an appeal from the denial of a small cell facility permit, which may be appealed without the payment of any appeal fee. The Environmental Services Commission shall then review the matter and render a final determination after affording the appealing party and the right-of-way permittee, if applicable, with the opportunity to be heard either in person or in writing. Except to the extent otherwise applicable by law, the Environmental Services Commission's decision shall be final.
(i) Judicial review of final decision of the Environmental Services Commission's decision shall be via an administrative appeal to the Summit County Court of Common Pleas under R.C. Chapter 2506.
(j) Any right-of-way permittee shall, within thirty days of the initial granting of any right-of-way permit hereunder, file a written acceptance of its permit in such form and in such manner as any procedures created by the Director of Public Service or his/her designee under this chapter may require.
(k) The time periods in this section may be tolled by agreement of the parties or may be tolled by the City for up to twenty-one days if the number of applications for right-of-way permits, within any thirty-day consecutive period, exceeds fifteen applications.
(Ord. 2016-080. Passed 10-17-16; Ord. 2018-029A. Passed 7-16-18.)