931.06.02 APPLICABILITY.
   (a)    Subject to the Ohio Revised Code and approval of an application under this section, an operator may collocate a small cell facility and construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the municipality right-of-way.
      (1)    An operator shall comply with generally applicable standards that are consistent with this section and any rules, regulations, and design guidelines adopted by the municipality for the collocation of a small cell facility and construction, maintenance, modification, operation, or replacement of wireless support structures in, along, across, upon, and under the municipality right-of-way, unless otherwise prohibited by state or federal law.
      (2)    All wireless support structures and small cell facilities shall be constructed and maintained so as not to impede or impair public safety or the legal use of the right-of-way by the municipality, the traveling public, or other public utilities.
   (b)    The permitting procedures and authorizations set forth herein 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.
 
   (c)    Relationship to other sections. This section shall supersede all conflicting requirements of other titles and sections of this Code regarding the locating and permitting of small cell facilities and wireless support structures in the right-of-way.
   (d)    Nothing in this section precludes the municipality from applying its generally applicable health, safety, and welfare regulations when granting consent for a small cell facility or wireless support structure in the municipality right-of-way.
(Ord. 17-2021. Passed 5-4-21.)