(a) In deciding whether to grant a right-of-way permit, the Director of Public Service or his/her designee shall consider the following factors:
(1) Whether the application has been filed by, or on behalf of, a public utility that provides essential services to the citizens of the City of Fairlawn.
(2) Whether the proposed use or occupancy of the public right-of-way interferes with or harms any existing utilities or any other existing or proposed uses of the public right-of-way.
(3) Whether the proposed facilities or structures comply with the City's Wireless Facility Design Guidelines, if applicable, that are adopted by the Director of Public Service under Section 1026.20.
(4) The capacity of the public right-of-way to accommodate the application's proposed facilities or structures.
(5) The capacity of the public right-of-way to accommodate future, additional facilities or structures if the permit is issued.
(6) The damage or disruption, if any, of public or private facilities, structures, improvements, service, travel or landscaping if the permit is issued.
(7) The availability of alternate routes and/or alternative locations for the proposed facilities or structures.
(8) Whether the proposed use or occupancy of the public right-of-way is authorized by and/or complies with all applicable Federal or State laws.
(9) Whether the proposed use or occupancy of the public right-of-way violates the requirements of this chapter including, but not limited to, any of the restrictions imposed by Section 1026.06.
(10) Whether the proposed use or occupancy of the public right-of-way will have a positive or negative impact on traffic and or any of the adjacent or nearby properties in the area.
(11) Whether the proposed use of the right-of-way permit will contribute to the public health, safety or welfare in the City.
(12) Whether the granting of the right-of-way permit will be consistent with the policy of the City as set forth in Section 1026.02(d).
(13) Except in the case of a public utility or service provider that possesses a valid franchise or service agreement, whether the applicant possesses the financial, technical, and managerial resources necessary to comply with the requirements of this chapter or to protect the public health, safety, and welfare.
(b) The Director of Public Service or his/her designee may impose such conditions on the granting of a permit as deemed reasonably required to be consistent with the criteria set forth in this section and to promote the policy of the City set forth in Section 1026.02(d), including but not limited to the following conditions:
(1) Reasonable and non-discriminatory spacing requirements for the location of new facilities or structures in order to ensure reasonable spacing between the operator's facilities and structures and any other existing or proposed facilities and structures;
(2) Reserve space for future public safety or transportation uses in the public way or on a structure or pole owned by the City in accordance with a documented and approved plan in place at the time an application is filed;
(3) Condition approval upon modifications in design and/or the installation and use of materials for arranging, screening, and landscaping;
(4) Grant approval subject to the construction or installation of the facilities or structures in a reasonable alternative location within the public right-of-way or on other land owned or controlled by the City of Fairlawn, provided that any alternative location for a new wireless support structure shall be within 100 feet of the location proposed in the right-of-way permit application or within a distance that is equivalent to the width of the public right-of-way in or on which the new wireless support structure is proposed, whichever is greater, and the alternative location for the new wireless support structure does not impose technical limits or additional costs upon the operator.
(5) Any other condition that may be necessary to protect the public health, safety, and welfare.
(Ord. 2016-080. Passed 10-17-16; Ord. 2018-029A. Passed 7-16-18.)