(a) Any person or entity seeking to collocate a Small Cell Facility in the Right-of-Way, or to construct, maintain, modify, operate, or replace a Wireless Support Structure in the Right-of-Way, shall first obtain site plan review, a conditional use permit and zoning permit. Applicants shall classify their application as one of the following types:
(1) Type 1: Eligible Facilities Requests.
(2) Type 2: Application for Collocation of Small Cell Equipment on a Wireless Support Structure that does not constitute an Eligible Facilities Request.
(3) Type 3: New Wireless Support Structure. Such applications will address construction, modification, replacement, or removal of a Wireless Support Structure within the Right-of-Way. At the time of Application, Applicants shall certify that Small Cell Equipment will be placed on the Wireless Support Structure within 180 days from the date the Small Cell Conditional Use and Zoning Permits are issued.
(4) For Type 2 and Type 3 applications, Applicants shall indicate whether the Application is or is not for a Small Wireless Facility.
(b) Consolidated Applications. Pursuant to ORC 4939.0312, an applicant may file one consolidated application to the Planning Commission and Board of Zoning Appeals for up to thirty (30) individual small cell facilities or thirty (30) individual wireless support structures as long as the facilities or structures for which consent is requested are substantially similar.
(1) Small Cell Facilities shall be considered substantially similar when the small cell equipment is identical in types, size, appearance and function.
(2) Wireless Support Structures shall be considered substantially similar when the wireless support structures are identical in type, size, appearance and function and are to be located in a similar location.
(3) Applications for facilities and wireless support structures cannot be commingled.
(c) Application Fee. The fee for application is two hundred fifty dollars ($250.00). The City shall adjust the fee by ten percent (10%) every five (5) years rounded to the nearest five dollars ($5.00), beginning in the year 2025. An application shall not be deemed complete until the fee is paid. If applications are consolidated, then the fee shall be the sum resulting from the fee set forth in subsection (c) multiplied by the total number of facilities or wireless support structures included in the consolidated application.
(d) Required application information for a Site Plan Review and Conditional Use Permit for Small Cell Facilities and Wireless Support Structures.
(1) Completed application form including the identity, legal status, and federal tax identification number of the applicant, as well as all affiliates and agents of the applicant that will use or be, in any way, responsible for the facilities.
(2) The name, address and telephone number of the local officer, agent, or employee responsible for the accuracy of the application to be notified in case of emergency.
(3) Fully dimensional scaled site plan (scale no smaller than one (1) inch equals forty (40) feet. The site plan must include:
A. The exact proposed location of the Facilities within the Right-of-Way;
B. All existing facilities with all existing transmission equipment;
C. The location of all overhead and underground public utilities, telecommunications, cable, water, sanitary sewer, and storm water drainage utilities in the Public Way within one hundred (100) feet surrounding the proposed Facilities;
D. The legal property boundaries within one hundred (100) feet surrounding the proposed Facilities;
E. Indication of distance between the Facilities and existing curbs, driveways, sidewalks, trees, utilities, other poles, and existing buildings within one hundred (100) feet of the proposed Facilities.
(4) Elevation drawings (scale no smaller than one (1) inch equals ten (10) feet of the proposed Facilities.
(5) Evidence that the applicant provided notice by mail to all property owners within three hundred (300) feet of the proposed Facilities prior to submitting the application. The notice shall include:
A. Name of applicant;
B. Estimated date applicant intends to submit the application;
C. Detailed description of the proposed facilities and the proposed location; and
D. Accurate, to-scale photo simulation of the proposed Facilities. Scale shall be no smaller than one (1) inch equals forty (40) feet.
(6) A preliminary installation/construction schedule and completion date.
(7) Structural calculations prepared, stamped and signed by an engineer licensed and registered by the State of Ohio showing that the Wireless Support Structure can accommodate the weight of the proposed small cell equipment.
(8) Analysis demonstrating that the proposed Facilities do not interfere with the City’s Public Safety radio system, traffic and emergency signal light system, or other City Safety communication components. It shall be the responsibility of the applicant to evaluate, prior to making the application for a Small Cell Use Permit, the compatibility between the existing City infrastructure and the applicant’s proposed facilities.
(9) A landscaping plan that demonstrates screening of proposed small cell equipment.
(10) Drawings of the proposed Facilities. For all equipment depicted, the applicant must also include, if applicable:
A. The manufacturer’s name and model number; and
B. Physical dimensions, including, without limitation, height, width, depth and weight with mounts and other necessary hardware, if any.
(11) If the applicant is not an Operator, then the applicant must provide proof that the applicant has been engaged by a wireless service provider who will be the end-user of the Facilities.
(12) Any other information as may be required by the Planning Commission, Board of Zoning Appeals and/or Zoning Inspector to determine the conformance with the Codified Ordinances and to ensure the protection of the public health, safety and welfare of the community. Said requested information shall be provided by the applicant in a timely fashion.
(Ord. 2020-4053. Passed 1-7-21.)