(a) The City of Louisville, Ohio desires to promote orderly small cell facility and wireless support structure installations using the smallest and least intrusive means available to provide services to the community. All such installations in the public right-of-way shall comply with all applicable provisions in this section. All applications shall be subject to the following conditions:
(1) Compliance with all Applicable Laws. Permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations, ordinances, or other rules.
(2) Right to Inspect. The City of Louisville, Ohio or its designee may inspect a small cell facility or wireless support structure within the right-of-way upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City of Louisville, Ohio reserves the right to support, repair, disable, or remove any elements of the small cell facility or wireless support structure in emergencies or when the small cell facility or wireless support structure threatens imminent harm to persons or property.
(3) Contact information. 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. All such contact information for responsible parties shall be provided.
(4) Indemnities. The permittee and, if applicable, the non-government owner of a small cell facility, or wireless support structure shall defend, indemnify, and hold harmless the City of Louisville, Ohio and its agents, officers, officials, and employees from:
A. Any and all negligent or wrongful acts or omissions, damages, liabilities, injuries, losses, costs, and expenses arising out of any claims, demands, lawsuits, writs of mandamus, or other actions or proceedings brought against the City of Louisville, Ohio to challenge, attack, seek to modify, set aside, void, or annul the City of Louisville, Ohio approval of the applicable permit or certificate; and
B. Any and all negligent or wrongful acts or omissions damages, liabilities, injuries, losses, costs, and expenses and any claims, demands, lawsuits, or other actions or proceedings of any kind, whether for personal injury, death, or property damage, arising out of or in connection with the activities or performance of the permittee or its agents, employees, licensees, contractors, subcontractors, or independent contractors; and
C. In the event the City of Louisville, Ohio becomes aware of any such actions or claims, the City of Louisville, Ohio shall promptly notify the permittee and shall reasonably cooperate in the defense. It is expressly agreed that the City of Louisville, Ohio shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City of Louisville, Ohio defense, and the permittee (as applicable) shall reimburse the City of Louisville, Ohio for any costs and expenses directly and necessarily incurred by the City of Louisville, Ohio in the course of the defense.
(5) Interference with City of Louisville, Ohio Communication Services. In the event that the City of Louisville, Ohio has reason to believe that permittee's operations are causing interference with the City's radio communications operations, then the permittee shall, at its cost, immediately cooperate with the City of Louisville, Ohio to either rule out permittee as the interference source or eliminate the interference. Cooperation with the City of Louisville, Ohio may include, but shall not be limited to, temporarily switching the equipment on and off for testing.
(6) Adverse Impact. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, or removal of the small cell facility or wireless support structure.
(7) Maintenance. The site and the small cell facility or wireless support structure, including but not limited to all landscaping, fencing, and related equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.
(8) Good Condition. Small cell facilities and wireless support structures shall at all times employ best practices and maintain in use only the best available technology and methods for preventing failures and accidents so that the same shall not menace or endanger the life or property of any person.
(9) Graffiti and Vandalism. Permittee shall remove any graffiti at permittee's sole expense.
(10) Exposure to RF Radiation. All small cell facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate radio frequency exposure standards.
(11) Utility Lines. Service lines must be undergrounded whenever feasible to avoid additional overhead lines and as governed by the City of Louisville, Ohio Codified Ordinances.
(12) Relocation for Public Improvements. Permittee shall remove and relocate the permitted small cell facility and/or, wireless support structure at permittee's sole expense to accommodate construction of a public improvement project by the City of Louisville, Ohio.
(13) Removal if Discontinued. In the event that the use of a small cell facility is discontinued, the owner shall provide written notice to the City of Louisville, Ohio of its intent to discontinue use and the date when the use shall be discontinued. If a small cell facility is not removed within ninety days of discontinued use, the City of Louisville, Ohio may remove it at the owner's expense irrespective of the notice requirement under this section.
(14) Abandoned. In the event that the use of a small cell facility is abandoned, the City of Louisville, Ohio may remove it at the owner's expense.
(15) Site Restoration.
A. Upon completion of the new work, the contractor shall restore the street and/or alley pavement as required;
B. Upon completion of the new work, the contractor shall restore all concrete walks, driveway aprons, and other concrete as required;
C. Upon completion of the new work, the contractor shall restore all tree lawns and/or sod strips with topsoil and sod.
(16) General Construction. All work and designs shall comply with the following general standards for construction in the City's right-of-way:
A. City of Louisville, Ohio Codified Ordinances;
B. City of Louisville, Ohio Standard Construction Drawings;
C. City of Louisville, Ohio Construction and Material Specifications;
D. Ohio Department of Transportation (ODOT) Location and Design Manual;
E. ODOT Standard Drawings;
F. ODOT Construction and Material Specifications;
G. Ohio Manual of Traffic Control Devices;
H. NACTO Urban Street Design Guidelines;
I. American Association of State Highway Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets;
J. AASHTO Roadside Design Guide; ·
K. MSHTO Guide for the Planning, Design, and Operation of Pedestrian Facilities;
L. AASHTO Guide for Development of Bicycle Facilities;
M. United States Access Board (USAB) Proposed Guidelines for Pedestrians in the Public Right-of-Way;
N. USAB American with Disabilities Act Accessibility Guidelines;
O. National Fire Protection Association 70 National Electric Code;
P. AII other applicable local, state, and federal codes and regulations.
(17) Taxes and Assessments. To the extent taxes or other assessments are imposed by taxing authorities on the use of City of Louisville, Ohio property as a result of an applicant's use or occupation of the right-of-way, the applicant shall be responsible for payment of such taxes, payable annually unless otherwise required by the taxing authority.
(18) Interference. Small cell wireless and wireless support structures shall be constructed and maintained in such a manner that will not interfere with the use of other property.
(19) Financial Condition. Permittee Insurance: As a condition of the permit an Permittee must secure and maintain, at a minimum, the following liability insurance policies insuring both the Operator and the City as additional insured:
A. Comprehensive general liability insurance with limits not less than
1. One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate, for bodily injury or death to each Person;
2. One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate, for property damage resulting from any one accident; and
3. One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate, for all other types of liability.
B. The liability insurance policies required by this Section shall be maintained by the Operator throughout the period of time during which the Operator is Occupying or Using the Public Way, or is engaged in the removal of its Facilities. Each such insurance policy shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until thirty (30) days after receipt by the City of Louisville, by registered mail, of a written notice addressed to the City Manager of such intent to cancel or not to renew."
C. Within thirty (30) days after receipt by the City of said notice, and in no event later than fifteen (15) days before said cancellation, the Operator shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Section.
D. All insurance policies required herein shall be written with an insurance company authorized to do business in the State of Ohio in relation to the specific type of insurance required.
E. Upon written application to, and written approval by, the Director of Finance of the City, an Operator may be self-insured to provide all of the same coverages as listed in this Section. As part of the review process, the Director of Finance may require, and the self-insurance applicant shall provide, any and all financial documents necessary to make a valid determination of the applicant's ability to meet the needs of this Chapter.
F. General Indemnification. Any Operator who owns or operates small cell facilities or wireless support structures in the public way shall indemnify, protect, defend, and hold the City of Louisville and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the Operator who owns or operates small cell facilities and wireless service in the public way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the Operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in the public way.
(20) Setbacks for Visibility and Access. Any new small cell facility or wireless support structure and other improvements associated with a new small cell facility or wireless support structure or an existing small cell facility or wireless support structure must be setback from intersections, alleys and driveways and placed in locations where it will not obstruct motorists' sightlines or pedestrian access.
(21) Obstructions. Any new small cell facility or wireless support structure and other improvements associated with a new small cell facility or wireless support structure or an existing small cell facility or wireless support structure shall not obstruct any of the following:
A. Worker access to any above-ground or underground infrastructure for traffic control, streetlight or public transportation, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors;
B. Access to any public transportation vehicles, shelters, street furniture, public sidewalks or other right of-way improvements;
C. Worker access to above ground or underground infrastructure owned or operated by any public or private utility agency;
D. Fire hydrant access;
E. Access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the right-of- way; or
F. Access to any fire escape.
(22) Historic or Architecturally Significant Structures. Any new utility installation and other improvements associated with a new utility installation or an existing utility installation may not be placed directly in front of any historic or architecturally significant structures in highly visible locations.
(23) No placement of any small cell facility or wireless support structure shall necessitate tree trimming, cause removal of, or otherwise damage any tree located within the City of Louisville, Ohio right of-way or a designated utility easement. Such small cell facility or wireless support structure shall not be located within the eventual mature dripline or tree crown of any existing tree located within the City of Louisville, Ohio right-of-way or a designated utility easement.
(Ord. 19-27. Passed 7-15-19.)