(a) 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, Chapter 905
, and Section 1332.24 or 4939.031 of the Ohio Revised Code, all requisite consent of the City. Before placing Small Cell Facilities or Wireless Support Structures in the Right of Way, an Operator must apply for and receive a general right of way permit under Chapter 905
as well as a Small Cell Permit under this chapter. If the Operator's activities in the Right of Way will consist solely of Collocating Small Cell Facilities, constructing, modifying, or replacing new Wireless Support Structures and associated Small Cell Facilities, removing such facilities, or eligible facilities requests as defined by the Federal Communications Commission, then the Operator shall not be required to pay the annual fee for holders of a right-of-way permit provided in Chapter 905
. This provision shall not be construed to waive application fees or any other construction or work permit necessary for work in the City.
(b) Nothing in this chapter precludes the City from applying its generally applicable health, safety, and welfare regulations when granting consent for a Small Cell Facility or Wireless Support Structure in the City's Right of Way.
(c) The permitting procedures and authorizations set forth herein in this chapter shall apply only to Small Cell Facilities and Wireless Support Structures in the Right of Way, and do not authorize the construction and operation of a Wireline Backhaul Facility.
(Ord. 2021-15. Passed 8-2-21.)