(a) General. The City 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, 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 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. Permittee shall provide an emergency contact number that will allow the City to reach a representative of the Permittee afterhours in the event of an emergency. All such contact information for responsible parties shall be provided to the Public Work Department, or its equivalent.
(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 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 to challenge, attack, seek to modify, set aside, void, or annul the City's 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.
C. In the event the City becomes aware of any such actions or claims, the City shall promptly notify the permittee and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the permittee (as applicable) shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.
(5) Interference with City Communication Services - In the event that the City 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 to either rule out permittee as the interference source or eliminate the interference. Cooperation with the City 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 RF exposure standards.
(11) Utility Lines - Service lines must be undergrounded whenever feasible to avoid additional overhead lines and as governed by the City's requirements for underground or buried utility areas.
(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.
(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 its intent to discontinue use and the date when the use shall be discontinued. If a small cell facility is not removed within 90 days of discontinued use, the City 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 may remove it at the owner's expense.
(15) Site Restoration
A. Upon completion of any work, the contractor shall restore the street and/or alley pavement as required;
B. Upon completion of any work, the contractor shall restore all concrete walks, driveway aprons, and other concrete as required;
C. Upon completion of any 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 of the City's Right of Way:
A. Loveland or Clermont County Standard Construction Drawings;
B. Loveland or Clermont County Construction and Material Specifications;
C. Ohio Department of Transportation (ODOT) Location and Design Manual;
D. ODOT Standard Drawings;
E. ODOT Construction and Material Specifications;
F. Ohio Manual of Traffic Control Devices;
G. NACTO Urban Street Design Guidelines;
H. American Association of State Highway Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets;
I. AASHTO Roadside Design Guide;
J. AASHTO Guide for the Planning, Design, and Operation of Pedestrian Facilities;
K. AASHTO Guide for Development of Bicycle Facilities;
L. United States Access Board (USAB) Proposed Guidelines for Pedestrians in the Public Right-of-Way;
M. USAB American with Disabilities Act Accessibility Guidelines;
N. National Fire Protection Association 70 National Electric Code; and
O. all 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 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 - All owners must procure and provide to the City a bond, or must provide proof of an equivalent financial mechanism, to ensure compliance with all provisions of this Chapter. Such bond or financial mechanism must specifically cover the cost of removal of the item placed in the Right of 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:
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 unless no other location is available and if placed shall comply with any design or concealment measures in an historic district.
(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's 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's Right of Way or a designated utility easement.
(b) Design and Siting Requirements.
(1) General Requirements.
A. Wireless support structures shall align with other poles to achieve a uniform inline appearance.
B. Wireless support structures shall be setback from the edge of pavement according to applicable safety and construction standards as set forth in 915.05(a)(16) - General.
C. All small cell facilities and wireless support structures and any related items shall be installed and maintained plumb and level and shall maintain an orderly and neat appearance.
D. All equipment and enclosures shall be attached, anchored and/or strapped tightly to poles using corrosion resistant steel hardware.
E. Wireless support structures shall support no more than two small cell facilities.
F. Ambient noise suppression measures or placement of the equipment in locations less likely to impact adjacent properties shall be required to ensure compliance with all applicable noise regulations.
G. Unless otherwise required for compliance with FAA or FCC regulations, the small cell facility or wireless support structure shall not include any permanently installed lights. Any lights associated with the equipment shall be appropriately shielded from public view. This shall not be interpreted to prohibit streetlights or the placement of luminaires by the City.
(2) Location.
A. In accordance with ORC 4939.0314(D), Authority of a Municipal Corporation, the City shall reserve the right to propose an alternate location to the proposed location of a new wireless support structure, provided the alternate location is within 100' or a distance equal to the width of the Right of Way in or on which the new wireless support structure is proposed, whichever is greater. The City also finds that certain locations and collocation configurations are preferred. A preferred location and collocation configuration should be utilized whenever possible and should only be surpassed if in the determination of the City Manager, or his/her designee, clear and convincing evidence supports such a decision. Cost alone should not be grounds for such a determination. The order of preference is as follows:
1. First, small cell facilities should be collocated on an existing pole or wireless support structure within an alley. If no such pole or wireless support structure is available, then proceed to the next preference;
2. Second, small cell facilities should be collocated on an existing pole or wireless support structure within a utility easement. If no such pole or wireless support structure is available, then proceed to the next preference;
3. Third, small cell facilities should be collocated on a new wireless support structure within a utility easement. If no such location is available, then proceed to the next preference;
4. Fourth, small cell facilities should be collocated on a new wireless support structure within an alley. If no such location is available, then proceed to the next preference;
5. Fifth, small cell facilities should be collocated on a wireless support structure currently supporting a small cell facility located within the City Right of Way. If no such wireless support structure is available, then proceed to the next preference;
6. Sixth, small cell facilities should be collocated on an existing pole located within the City Right of Way. If no such existing pole is available, then proceed to the next preference;
7. Seventh, small cell facilities should be collocated on a new wireless support structure located within a utility easement. If no such location is available, then proceed to the next preference;
8. Eighth, small cell facilities should be collocated on a new wireless support structure located within the City Right of Way.
B. Any new wireless support structure shall be located at least 750 feet from any existing small cell facility.
(3) Wireless Facilities Design.
A. Wireless support structures shall be subject to the following design standards:
1. Wireless support structure and any collocated antennas shall be limited to 40 feet in height.
2. Wireless support structures shall be capable of supporting at least two small cell facility operators.
3. New wireless support structures shall have the following design elements:
i. Material - aluminum poles;
ii. Color - black anodized;
iii. Diameter -not greater than 12 inches;
iv. Style - smooth round tapered profile; should be fluted in certain areas to better match existing streetscape design;
v. Base - trapezoidal pedestal base on a reinforced concrete footing/foundation pier not to exceed 6 inches above grade if feasible;
vi. Exception - If the neighborhood context would be better served by a pole of a different material, color, style, or base as determined by the City Manager, or his/her designee, then such design elements may be substituted with an alternate design element. Such determination shall be based on the following factors:
1) The design features of nearby poles serving in a similar capacity;
2) The design features of the existing or proposed streetscape, district, or site;
3) The historical context of a district or specific site;
4) A desire to camouflage or conceal the pole from view.
B. Small cell facilities shall be subject to the following design standards:
1. The City reserves the right to require the following:
i. Antenna and all associated equipment shall be concealed to the extent deemed necessary by the City Manager, or his/her designee, in response to the aesthetic context of the small cell facility. Some possible configurations include but shall not be limited to the following:
1) Antenna(s) associated with the first fitting on a wireless support structure shall be top-mounted and concealed within a radome that matches the color of the pole on which it is mounted and also conceals the cable connections, antenna mount and other hardware. The City Manager, or his/her designee, may approve a side-mounted antenna with the initial fitting if, or approve an alternate color, if in the City Manager's, or his/her designee's discretion, the side-mounted antenna or alternate color would be more appropriate given the built environment, neighborhood character, overall site appearance and would promote the purposes of this Chapter.
2) GPS antennas be placed within the radome or directly above the radome not to exceed six inches.
2. Each Antenna and all associated equipment shall not exceed 6 cubic feet in volume.
3. All portions of a Small Cell Facility other than an antenna and as identified by the ORC 4939.01 (P)(2), shall not exceed 21 cubic feet in volume per facility.
4. Small cell facilities mounted to a wireless support structure shall be completely concealed within a common enclosure capable of containing at least two small cell facilities. Such common enclosures shall:
i. Not exceed 21 cubic feet in volume;
ii. Not exceed 90 inches in height, 20 inches in width, or 20 inches in depth;
iii. Not extend more than 24 inches away from the pole on which it is mounted;
iv. Shall be centered on the vertical axis of the pole to which it is mounted;
v. Be mounted at a distance of at least 10 feet measured from grade to the bottom of the enclosure;
vi. Be mounted on the side of the pole opposite the side from which the nearest traffic lane's direction of travel approaches the pole. The City Manager, or his/her designee, may approve an alternate mounting orientation, if in the City Manager's, or his/her designee's discretion, the alternate mounting orientation would be more appropriate given the built environment, neighborhood character, overall site appearance and would promote the purposes of this Chapter.
5. Such common enclosures shall have the following design elements:
i. Material-The enclosure material shall be metal, a composite, or an equivalent
ii. Material as determined by the City Manager, or his/her designee.
iii. Color - The enclosure shall match the color of the pole on which it is mounted unless the surrounding context of the small cell facility is better suited to another color, as determined by the City Manager, or his/her designee.
iv. Style - The enclosure shall match the style, or lack thereof, of the pole on which it is mounted unless the surrounding context of the small cell facility is better suited to another style, as determined by the City Manager, or his/her designee.
v. Coordinated Design Elements - common enclosures when located within 3000 feet of an existing common enclosure shall match the design elements of the existing common enclosure unless the surrounding context of the small cell facility is better suited to an alternate design.
6. All ground mounted equipment shall be placed in an underground vault. No above grade ground mounted equipment in service of a small cell facility is permitted unless a waiver is requested and the following conditions can be satisfied as determined by the City Manager, or his/her designee:
i. The applicant has submitted clear and convincing evidence that the equipment cannot feasibly be pole-mounted, placed in an underground vault, or hidden within or integrated into an existing streetscape element (i.e. - bus stop shelter). Increased costs alone shall not be a consideration. If a ground mounted enclosure is approved, the City Manager, or his/her designee, shall reserve the right to require any of the following conditions:
1) Concealed Enclosure - All equipment shall be completely concealed within a metal, composite, or equivalent material enclosure as determined by the City Manager, or his/her designee.
2) Smallest Size - The enclosure shall be no larger than necessary based on the smallest available size of the proposed equipment as determined by the City Manager, or his/her designee.
3) Camouflage - Camouflaging elements may be required. Such elements may include, but shall not be limited to strategic placement in less visible or obtrusive locations, placement within an existing streetscape element, landscape screening, and strategic painting or coating to camouflage such enclosure or equipment.
4) The maximum height of any such enclosure shall be 36".
(7) The vertical cable runs for the connection of power and other services on all small cell facilities collocated on new wireless support structure installations shall be concealed within the wireless support structure. The vertical cable runs for the connection of power and other services on all small cell facilities collocated on existing wireless support structure installations shall be concealed within the wireless support structure, unless it is determined not possible by the City Manager, or his/her designee. The vertical cable runs for the connection of power and other services on all small cell facilities collocated on utility poles shall be mounted to the surface of the pole within conduit.
(8) Electric meters, telecommunications demarcation boxes, grounding equipment, power transfer switches, and cut-off switches shall be mounted on the same side of the pole as the small cell facilities common enclosure and shall match the color of the small cell wireless facilities and the color of the pole on which it is mounted. The City Manager, or his/her designee, may approve an alternate mounting orientation or color, if in the City Manager's, or his/her designee's discretion, the alternate mounting orientation or alternate color would be more appropriate given the built environment, neighborhood character, or overall site appearance and would promote the purposes of this Chapter.
(c) Reservation of Right of Way. The City reserves the right to Reserve space for future public safety or transportation uses in the Right of Way or on a wireless support structure or pole owned or operated by the City in a documented and approved plan in place at the time an application is filed. A reservation of space shall not preclude placement of a pole or collocation of a small cell facility. If replacement of the City's pole or wireless support structure is necessary to accommodate the collocation of the small cell facility and the future use, the small cell facility operator shall pay for the replacement of the pole or wireless support structure, and the replaced pole or wireless support structure must accommodate the future use.
(d) Independent Power and Communications Sources Required. Small cell facilities located on city-owned wireless support structures may not use the same power or communication source providing power and/or communication for the existing facility original to the purposes of the support structure. The independent power source must be contained within a separate conduit inside the support structure. The applicant shall coordinate, establish, maintain and pay for all power and communication connections with utilities.
(e) Undergrounding. Wireless support structures shall be subject to compliance with the City's requirements for underground or buried utility areas unless a waiver has been granted under Design Standards Section 915.05(b)(3)(b)(6) as stated herein.
(f) Nonconformity. A nonconforming small cell facility and/or wireless support structure shall immediately lose its nonconforming designation and must be brought into compliance with all of the provisions of this Chapter, and all other applicable City laws and ordinances or be removed if any of the following conditions are present:
(1) The nonconforming small cell facility and/or wireless support structure or a part of the nonconforming small cell facility and/or wireless support structure is altered, modified, relocated, replaced, or changed in any manner whatsoever;
(2) The nonconforming small cell facility and/or wireless support structure is damaged or deteriorated and requires any process of reconstruction, repair, maintenance, or restoration, and the cost of said reconstruction, repair, maintenance, or restoration exceeds fifty percent of the small cell facility and/or wireless support structure's replacement cost;
(3) The nonconforming small cell facility and/or wireless support structure is abandoned.
(g) Conflict with Other Provisions. In the event that any other applicable law or code requires any more restrictive requirements, the most restrictive requirement shall control.
(h) Severability. The provisions of any part of this Chapter are severable. If any provision or subsection, or the application of any provision or subsection to any person or circumstances, is held invalid, the remaining provisions, subsection, and applications of such ordinance to other persons or circumstances shall not be made invalid as well. It is declared to be the intent of this section that the remaining provisions would have been adopted had such invalid provisions not been included in this Chapter when originally adopted by City Council.
(i) Penalties.
(1) Any person in violation of any of the terms of this Chapter, or who, being the owner or agent of the owner of any lot, tract, or parcel of land, shall suffer or permit another to erect, construct, reconstruct, alter, repair, convert, attach, or maintain any such facility, shall be deemed to have violated the provisions hereof and commits a misdemeanor of the first degree with each day during the period such violation continues constituting a separate offense.
(2) If any utility installation is erected, constructed, reconstructed, altered, repaired, converted, attached, or maintained in violation of this Chapter or of any regulations made pursuant hereto, the proper officer of the City, in addition to other remedies, may institute in the name of the City any appropriate action or proceeding, whether by legal process or otherwise, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, attachment, or use, to restrain, correct, or abate such violation, to prevent the use of such utility installation, and/or to prevent any illegal act, conduct, business, or use in or about such utility installation.
(3) The City Manager, or his/her designee, is authorized to make requests and to issue orders regarding utility installations in the right of way for the purpose of public safety and compliance with this Chapter. The City Manager, or his/her designee, is also authorized to conduct visual and external inspections of utility installations in the right of way at any time and shall make efforts to coordinate with the provider responsible for a utility installation for any internal inspection of the relevant equipment.
(Ord. 2018-78. Passed 7-24-18.)
APPENDIX A
ITEM | FEE |
Small Cell Work Permit Application Fee | $250 |
Small Cell Collocation Permit Application Fee | $250 |
Wireless Support Structure Permit Application Fee | $250 |
Attachment to Municipal Pole (annual charge) | $200 |
Waiver/Appeal Application Fee | $250 |