(A) Permit required. Unless otherwise exempted, it shall be unlawful for any person to collocate or remove a small cell facility or construct, install, maintain, modify, operate, replace, or remove wireless support structures in, along, across, upon, or under the public way unless a permit has been issued by the City Manager or his or her designee.
(B) Application requirements. This section specifies the necessary requirements for a complete permit application. A complete application shall consist of the following:
(1) Application fee. The applicant must provide the applicable permit application fee in the amount currently required by the city.
(2) Regulatory authorization. To the extent that the applicant claims any regulatory authorization or other right to use the public way, the applicant must provide a true and correct copy of the certificate, license, notice to proceed or other regulatory authorization that supports the applicant's claim.
(3) Site plans and structural calculations. The applicant must submit fully dimensioned site plans, elevation drawings, and structure calculations prepared, sealed, stamped and signed by a Professional Engineer licensed and registered by the State of Ohio. Drawings must depict any existing wireless facilities with all existing wireless communications equipment and other improvements, the proposed facility with all proposed wireless communications equipment and other improvements. The village retains the right to request any additional information as permitted by R.C. Chapter 4939 from the applicant that is necessary to perform a complete review of the request.
(4) The applicant shall clearly stake or mark the location(s) of all wireless support structures and associated equipment in the field prior to and part of the application process.
(5) Paint color samples shall be submitted to verify that the small cell facilities related equipment will match the wireless support structure. If the applicant proposes a new wireless support structure, then the paint samples shall be submitted after the wireless support structure is installed and prior to the small cell facility and related equipment is installed.
(6) Permittee shall at all times maintain accurate contact information for all parties responsible for the small cell facility or wireless support structure, which shall include a phone number, street mailing address, and email address for at least one natural person. Permittee shall provide an emergency contact number that will allow the city to reach a representative of permittee after hours in the event of an emergency. All such contact information for responsible parties shall be provided to the City Engineer, Police, and Fire Departments.
(7) The work authorized by the permit issued must be completed within 180 days from the date of issuance, unless otherwise conditioned as part of the approval.
(C) Appeals. This section specifies the appeal and variance process for items concerning small cell facilities and wireless support structures.
(1) The village Planning Commission shall hear and decide upon appeals where:
(a) It is alleged there is an error in any written decision made by the enforcing official in the enforcement of this section; and
(b) Where the applicant seeks relief from the strict adherence to the requirements of this section.
(2) Such appeals shall be taken in accordance with Section 101, 101.1, and 101.2 of the Village of Indian Hill Zoning Ordinance.
(3) Such variances shall be taken in accordance with Section 101.5 of the Village of Indian Hill Zoning Ordinance.
(Ord. 06-18, passed 9-24-18)