939.02  CONSENT REQUIRED.
   (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 file a written Application for a Small Cell Use Permit with the Development Engineer in accordance with the requirements in this Chapter, Design Guidelines established by the Director of Community Development, Ohio R.C. Chapter 4939, and all applicable state and federal laws and regulations.
   (b)   If the Applicant receives a Small Cell Use Permit, then the Applicant shall not be required to obtain separate Consent to Occupy or Use the Public Right-of-Way under Section 937.02 of the Codified Ordinances 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.
   (c)   Applicants are strongly encouraged to contact the Development Engineer and request a pre-Application conference. This meeting will provide an opportunity for early coordination regarding proposed Facilities, locations, design, Application submittal, and the approval process in order to avoid any potential delays in the processing of an Application and deployment of Facilities in the City.
   (d)   A Small Cell Use Permit granted under this Chapter shall not convey any right, title or interest in the Right-of-Way, but shall be deemed a permit only to use and occupy the Public Ways for the limited purposes and term stated in the permit, this Chapter, and the Design Guidelines established by the Director of Community Development. Further, no Small Cell Use Permit shall be construed as any warranty of title.
(Ord.  2019-117.  Passed 10-16-19.)