(a) Standard Conditions of Approval. Permission to site wireless communications facilities in the Right-of-Way shall be conditioned on compliance with the standard conditions of approval provided in this Section 913.07. The Chief Building Official may add or modify conditions of approval as necessary or appropriate to protect and promote the public health, safety, and welfare.
(b) Small Cell Facility Permit Duration. The Village's approval term of an attachment to a wireless support structure shall be for a period of not less than ten 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.
(c) Compliance with All Applicable Laws. Permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations , ordinances, or other rules.
(d) Inspections; Emergencies. The Village or its designee may inspect a Wireless Communications Facility in the right of way upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The Village reserves the right to support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.
(e) If requested by the Village, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety, and welfare of the public, an operator shall relocate or adjust its facilities within the Right-of-Way at no cost to the Village, as long as such request similarly binds all users in or on such public way. Such relocation or adjustment shall be completed in accordance with local law.
(f) Contact Information for Responsible Parties. Permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address, and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Chief Building Official.
(g) Indemnification. Any operator who owns or operates small cell facilities or wireless support structures in the Right-of-Way shall indemnify, protect, defend, and hold the Village and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the operator who owns or operates small cell facilities and wireless service in the Right-of-Way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in the Right-of-Way.
(h) Interference with Public Safety Radio Services. In the event that the Village has reason to believe that permittee's radio communications operations are causing interference with the Village's radio communications operations, then the permittee shall, at its cost, immediately cooperate with the Village to either rule out permittee as the interference source or eliminate the interference. Cooperation with the Village may include, but shall not be limited to, temporarily switching the small cell facilities on and off for testing.
(i) Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, or removal of the facility.
(j) General Maintenance. The site and the facility, including but not limited to all landscaping, support structures, equipment enclosures, and related small cell equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval. The facility and all support structures, equipment enclosures, and related small cell equipment shall be promptly repainted, recoated, or replaced in the event of any visible rusting, chipping, peeling, or discoloration of the paint or coating material.
(k) Good Condition Required. Small cell facilities and support structures shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not menace or endanger the life or property of any person.
(l) Graffiti Abatement. Permittee shall upon discovery of graffiti by Permittee or notification by the Village promptly remove any graffiti on the small cell facility at permittee's sole expense.
(m) RF Exposure Compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards.
(n) Relocation for Public Improvement Projects. Permittee shall remove and relocate the permitted small cell facility and/or support structure at permittee's sole expense to accommodate construction of a public improvement project by the Village.
(o) Removal of Small Cell Facilities If Use Discontinued or Abandoned.
(1) In the event that the use of a small cell facility is discontinued, the owner shall provide written notice to the Village of its intent to discontinue use and the date when the use shall be discontinued. If a Wireless Communications Facility is not removed within ninety 90 days of discontinued use, the Village may remove it at the owner's expense irrespective of the notice requirement under this section.
(2) Abandoned wireless support structures and facilities may be removed by the Village at the owner's expense to ensure the public health, safety, and welfare.
(3) The Village may impose reasonable requirements for bonds, escrow deposits, letters of credit, or any other type of financial surety to ensure removal of abandoned or unused wireless facilities or damage to Village property caused by an operator or its agent.
(Ord. 2018-04-16. Passed 4-18-18.)