Loading...
(a) Pursuant to O.R.C. Section 4939.0312, an Applicant may file one consolidated application for up to 30 individual small cell Facilities or 30 individual Wireless Support Structures as long as the facilities or structures for which consent is requested are substantially similar.
(1) Small Cell Facilities shall be considered substantially similar when the Small Cell Equipment is identical in type, size, appearance and function.
(2) Wireless Support Structures shall be considered substantially similar when the Wireless Support Structures are identical in type, size, appearance and function and are to be located in a similar location.
(3) Applications for Small Cell Facilities and Wireless Support Structures cannot be commingled.
(b) The City may, at its discretion, require separate Applications for any Small Cell Facilities or Wireless Support Structures that are not substantially similar.
(c) Although applications for Small Wireless Facilities may be filed on a consolidated basis, applications involving Small Wireless Facilities may not be commingled with applications for other Small Cell Facilities or Wireless Support Structures. The limit on the number of applications that may be filed in a consolidated application pursuant to Section 906.04(a) shall not apply to applications involving Small Wireless Facilities.
(Ord. 13-19. Passed 6-17-19.)
(a) The fee for each application is $250.00. The City shall adjust the fee by 10 percent every five years, rounded to the nearest five dollars, beginning in the year 2023.
(b) An Application shall not be deemed complete until the fee is paid.
(c) If Applications are consolidated, then the fee shall be the sum resulting from the fee set forth in subsection (a) multiplied by the total number of Facilities or Wireless Support Structures included in the consolidated Application.
(Ord. 13-19. Passed 6-17-19.)
(a) In addition to the Application Fee, an annual fee shall be paid to the City for each Small Cell Facility attached to a municipally owned Wireless Support is $200.00. The City shall adjust the attachment fee by 10 percent every five years, rounded to the nearest five dollars, beginning in the year 2023.
(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. 13-19. Passed 6-17-19.)
The Applicant must submit the following documentation with each Application.
(a) Completed Application form including 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 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 100 feet surrounding the proposed Facilities.
(4) The legal property boundaries within 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 100 feet surrounding the proposed Facilities; and
(6) Access and utility easements within 100 feet surrounding the proposed Facilities.
(d) Elevation drawings (scale no smaller than one inch equals 10 feet) of the proposed Facilities.
(e) Evidence that the Applicant provided notice by mail to all property owners within 300 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 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 City's public safety radio system, traffic and emergency signal light system, or other City 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 City 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.
(Ord. 13-19. Passed 6-17-19.)
(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, the timeframe for a Type 2 Application shall be 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. 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 City 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.
(A) 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 City's notice of incompleteness issued pursuant to subsection (b), but may be tolled again if the City 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 City of the deficiencies in a supplemental submission tolls the time period set forth in subsection (a) until the Applicant supplies the specified information.
(c) The timeframes in subsection (a) may be tolled by mutual agreement between the Applicant and the City. 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)(1) and (c)(2) below do not apply:
(1) If the City receives between thirty (30) and forty-five (45) applications in a thirty-day period, then the City may toll for an additional 21 days beginning with the 31st application.
(2) If the City receives more than forty-five (45) applications in a thirty-day period, then the City 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:
(A) Applications 46-60: 36 additional days
(B) Applications 61-75: 51 additional days
(C) Applications 76-90: 66 additional days
(D) Applications 91-105: 81 additional days
(E) Applications 106+: 90 additional days.
(3) When an Applicant submits an underground area waiver pursuant to Section 906.13(d) of the Codified Ordinances, in which case the City may toll for an additional 14 days.
(d) If two Applicants request to Collocate on the same Wireless Support Structure or two Wireless Support Structures are proposed within a distance that would violate the spacing requirements set forth in Section 906.16, then the Director may resolve the conflict in any reasonable and nondiscriminatory manner.
(e) If a request for consent is denied, the City 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:
(1) Failure to provide information required under Section 906.07;
(2) Failure to comply with Design Guidelines established and promulgated by the Director;
(3) Failure to provide financial surety pursuant to Section 906.15;
(4) Failure to remove abandoned Facilities as required under Section 906.12;
(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.
(Ord. 13-19. Passed 6-17-19.)
Loading...