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(a) In addition to the Application Fee, an annual fee shall be paid to the Village for each Small Cell Facility attached to a municipally-owned Wireless Support Structure. The annual fee is two hundred dollars ($200.00). Beginning in August of 2023 and every five years thereafter, the annual fee shall increase automatically by ten percent (10%) of the annual fee for the preceding five (5) year period rounded to the nearest five (5) year period dollars.
(b) The first-year attachment fee shall be paid when the collocation is complete, and no later than January 1 each year thereafter. The first-year attachment fee shall not be prorated, regardless of the date that the collocation is complete.
(Ord. 2018-2376. Passed 7-26-18.)
The Applicant must submit the following documentation with each Application.
(a) Completed Application form together with the non-refundable application fee. The Application form shall include the identity, legal status and federal tax identification number of the Applicant, as well as all affiliates and agents of the Applicant that will use or be, in any way, responsible for the Facilities.
(b) The name, address, and telephone number of the local officer, agent, or employee responsible for the accuracy of the application to be notified in case of emergency.
(c) Fully dimensional scaled site plan (scale no smaller than one inch equals forty (40) feet). The site plan must include:
(1) The exact proposed location of the Facilities within the Right-of-Way;
(2) All existing Facilities with all existing transmission equipment;
(3) The location of all overhead and underground public utilities, telecommunications, cable, water, sanitary sewer, and storm water drainage utilities in the Public Way within one hundred (100) feet surrounding the proposed Facilities.
(4) The legal property boundaries within one hundred (100) feet surrounding the proposed Facilities;
(5) Indication of distance between the Facilities and existing curbs, driveways, sidewalks, trees, utilities, other poles, and existing buildings within one hundred (100) feet surrounding the proposed Facilities; and
(6) Access and utility easements within one hundred (100) feet surrounding the proposed Facilities.
(d) Elevation drawings (scale no smaller than one inch equals ten (10) feet) of the proposed Facilities.
(e) Evidence that the Applicant provided notice by mail to all property owners within 200 feet of the proposed Facilities prior to submitting the Application. The notice shall include:
(1) Name of the Applicant;
(2) Estimated date Applicant intends to submit the Application;
(3) Detailed description of the proposed Facilities and the proposed location; and
(4) Accurate, to-scale photo simulation of the proposed Facilities. Scale shall be no smaller than one inch equals forty (40) feet.
(f) A preliminary installation/construction schedule and completion date.
(g) Structural calculations prepared, stamped and signed by an engineer licensed and registered by the State of Ohio showing that the Wireless Support Structure can accommodate the weight of the proposed small cell equipment.
(h) Analysis demonstrating that the proposed Facilities do not interfere with the Village's public safety radio system, traffic and emergency signal light system, or other Village safety communications components. It shall be the responsibility of the Applicant to evaluate, prior to making the Application for a Small Cell Use Permit, the compatibility between the existing Village infrastructure and Applicant's proposed Facilities.
(i) A landscape plan that demonstrates screening of proposed small cell equipment.
(j) Drawings of the proposed Facilities. For all equipment depicted, the Applicant must also include, if applicable:
(1) The manufacturer's name and model number;
(2) Physical dimensions, including, without limitation, height, width, depth and weight with mounts and other necessary hardware; and
(3) The noise level generated by the equipment, if any
(k) If the Applicant is not an Operator, then the Applicant must provide proof that the Applicant has been engaged by a wireless service provider who will be the end-user of the Facilities.
(l) If the Facilities are to be located on a Wireless Support Structure that is not owned or operated by the Village, then the Applicant shall provide written confirmation of permission to use the Wireless Support Structure from the owner or operator of the Wireless Support Structure.
(Ord. 2018-2376. Passed 7-26-18.)
(a) Applications shall be evaluated in the timeframes as follows:
(1) Type 1 Applications 60 days
(2) Type 2 Applications 90 days, except that for Small Wireless Facilities that are not to be collocated upon a new Wireless Support Structure, the timeframe for a Type 2 Application shall be for 60 days.
(3) Type 3 Applications 120 days, except that for new Wireless Support Structures upon which a Small Wireless Facility is to be mounted, the timeframe for a Type 3 Application shall be 90 days.
(b) Applications shall be reviewed for completeness provided that the non-refundable application fee required under Section 917.05 above has been paid. If the Application is incomplete, then the Applicant will be notified of the insufficiency, and the timeframes set forth in subsection (a) shall be tolled until the Application is made complete as described below.
(1) To toll the time period for incompleteness, the Village must provide written notice to the Applicant, specifically identifying all missing documents or information, within thirty (30) days after receiving the Application; except that where an Applicant has indicated that the Application is for a Small Wireless Facility, or a Wireless Support Structure upon which a Small Wireless Facility is to be mounted, the written notice shall be provided within ten (10) days after receiving the Application.
(c) (1) In the case of a proper and timely initial written notice of incompleteness provided concerning an Application involving a Small Wireless Facility pursuant to subsection (b)(1), the time period set forth in subsection (a) shall be deemed never to have started running at all until Applicant provides a supplemental submission.
(2) The time period set forth in subsection (a) will begin to run again when the Applicant provides a supplemental submission in response to the Village's notice of incompleteness issued pursuant to subsection (b), but may be tolled again if the Village notifies the Applicant in writing, within ten (10) days of receiving a supplemental submission, that the Application remains incomplete and identifies which items specified in the original notice of incompleteness are still missing. Timely notice by the Village of the deficiencies in a supplemental submission tolls the time period set forth in subsection (a) until the Applicant supplies the specified information.
(3) The timeframes in subsection (a) may be tolled by mutual agreement between the Applicant and the Village. The timeframes in subsections (a)(2) and (a)(3) may also be tolled as follows, except that where an Applicant has indicated that the Application is for a Small Wireless Facility, the provisions of subsections (c)(3)A. and B. below do not apply:
A. If the Village receives between fifteen (15) and thirty (30) applications in a thirty-day period, then the Village may toll for an additional twenty-one (21) days, beginning with the 16th application.
B. If the Village receives more than thirty (30) applications in a thirty-day period, then the Village may toll for an additional fifteen (15) days for every fifteen (15) applications received, up to a maximum tolling period of ninety (90) days, as indicated below:
1. Applications 31-45: 36 additional days
2. Applications 46-60: 51 additional days
3. Applications 61-75: 66 additional days
4. Applications 76-90: 81 additional days
5. Applications 90+: 90 additional days
C. When an Applicant submits an underground area waiver pursuant to Section 927.12 of the Design Guidelines, in which case the Village may toll for an additional fourteen (14) days.
(d) If two (2) Applicants request to Collocate on the same Wireless Support Structure or two (2) Wireless Support Structures are proposed within a distance that would violate applicable spacing requirements, then the Village Administrator may resolve the conflict in any reasonable and nondiscriminatory manner.
(e) If a request for consent is denied, the Village shall provide, in writing, its reasons for denying the request, supported by substantial, competent evidence. The denial of consent shall not unreasonably discriminate against the Applicant. Grounds for denying an Application may include, but are not limited to:
(2) Failure to comply with the Village's Design Guidelines;
(5) Conflict with the historic nature or character of the surrounding area;
(6) Conflict with planned future improvements in the Right-of-Way; and
(7) Failure to comply with generally applicable health, safety, and welfare requirements.
(f) Following completion of the installation, the Applicant shall submit a complete set of as-built construction drawings in a format acceptable to the Village Administrator.
(Ord. 2020-2415. Passed 2-27-20.)
(a) Upon approval of its Application, an Applicant shall receive a Small Cell Use Permit indicating that the Village has granted the Applicant consent to occupy the Right-of-Way.
(b) A Small Cell Use Permit issued to an Operator shall have duration of ten (10) years. Permits may be renewed for five year terms.
(c) A Small Cell Use Permit issued to a Facilities Operator who is not an Operator shall have a term or ten (10) years or the duration of the Facilities Operator’s agreement with a wireless service provider provided pursuant to Section 6(k), whichever is shorter.
(d) A Small Cell Use Permit shall not be renewed if the Facilities Operator or the Facilities are not in compliance with all applicable laws and regulations.
(e) Pursuant to Ohio R.C. Section 4939.0314(E), a Small Cell Use Permit shall be deemed terminated if the Facilities Operator has not completed construction of the Facilities or has failed to attach Small Cell Equipment to a Wireless Support Struture within 180 days of issuance of the permit, unless the delay is caused by:
(1) Make-ready work for a municipally-owned Wireless Support Structure; or
(2) Due to the lack of commercial power or backhaul availability at the site, provided that the Operator has made a request for commercial power or backhaul services within sixty days after the Small Cell Use Permit was granted.
If the additional time to complete the installation exceeds three hundred sixty days (360) after the issuance of the permit, then the permit shall be deemed terminated regardless of the cause of the delay.
(f) A Small Cell Use Permit for a new Wireless Support Structure shall be deemed terminated if the Facilities Operator fails to attach Small Cell Equipment to the new Wireless Support Structure within 180 days of issuance of the Small Cell Use Permit.
(g) If the Facilities Operator fails to remit the annual attachment fee required pursuant to Section 917.10, then the Small Cell Use Permit will expire on the ninetieth (90th) day from the date the annual attachment fee was due.
(h) A Small Cell Use Permit may be terminated by the Facilities Operator at any time upon service of 60-days written notice to the Village.
(i) Upon termination of a Small Cell Use Permit, the Facilities Operator shall restore and rehabilitate all Village-owned Wireless Support Structures and the Right-of-Way to their former condition and utility.
(j) The Village shall not issue any refunds for any amounts paid by the Facilities Operator upon termination of the permit. (Ord. 2018-2376. Passed 7-26-18.)
(a) All Facilities Operators with consent to occupy or use the Right-of-Way shall register with the Village each calendar year between January 1 and January 31 on a form provided by the Village. The form will allow the Facilities Operator to indicate when there is no change in the information required, and when such indication is submitted, previously provided information will be considered current and will be relied upon. Facilities Operators who obtain consent to occupy the Right-of-Way after September 30 of any year need not file an Annual Registration for next calendar year.
(b) The purpose of registration under this Section is to:
(1) Compile, update and supplement the Village's database so that the Village has accurate and current information concerning the Facilities Operators that own or operate Facilities in the Village's public Right-of-Way;
(2) Assist the Village in monitoring the usage of the public Right-of-Way in order to ensure that the public receives the maximum possible benefit from that use, and the use is consistent with the best management and care of the public Right-of-Way;
(3) Assist the Village in the collection and enforcement of any municipal taxes, fees, or other charges that may be due the Village; and
(4) Assist the Village in monitoring compliance with local, state and federal laws.
(c) Registration forms will be provided by the Village and shall require the following information:
(1) Any material changes to the information the Facilities Operator provided to the Village in the Application for Small Cell Use Permit including, but not limited to:
A. The identity of the Facilities Operator, including any affiliates or agents.
B. The name, address and telephone number of the local officer, agent or employee responsible for the accuracy of the Facilities Operator's registration statement and available at all reasonable times to be notified in case of emergency.
C. Evidence that the Facilities Operator is in compliance with the insurance, indemnity and financial surety requirements pursuant to these regulations.
D. Such other information as the Village Administrator may reasonably require.
(d) In addition to the annual registration requirement, each Facilities Operator shall keep all required registration information current at all times and shall provide the Village with notice of changes to the required information within fifteen (15) days following the date on which the Facilities Operator has notice of the need for such change.
(Ord. 2018-2376. Passed 7-26-18.)
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