(a) The purpose of this chapter is to:
(1) Provide standards for the construction, installation, modification, operation, and removal of facilities and wireless support structures in the City's right-of-ways to protect the health, safety, and welfare of the citizens of the City;
(2) Preserve the character of the City, including the City's neighborhoods, downtown, and historic districts, and protect property values;
(3) Give guidance to wireless telecommunications providers to assist such companies in the timely, efficient, safe, and aesthetically-pleasing installation of facilities and wireless support structures; and
(4) To exercise the City's home rule authority and, to the extent legally permitted, not to conflict with or preempt applicable state and Federal laws.
(b) For the purpose of this chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
(1) "Applicant" means any person or entity who submits an application pursuant to this chapter.
(2) "Application" means all necessary documentation submitted by an applicant to obtain a small cell use permit from the City to collocate a small cell facility and/or to construct, maintain, modify, operate, or replace a wireless support structure.
(3) "Accessory equipment" means equipment used in conjunction with a small cell facility and generally at the same location as the small cell facility, including but not limited to, electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs.
(4) "City" means the City of Maple Heights.
(5) "Collocation" or "collocate" means to install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure.
(6) "Design guidelines" means the standards applicable to small cell equipment and wireless support structures in the right-of-way, set forth in Chapter 1483 of the Codified Ordinances of the City of Maple Heights and promulgated by the Chief Building Official.
(7) "Facilities" means small cell facilities, accessory equipment, and wireless support structures.
(8) "Facilities operator" means the person or entity responsible for the installation, operation, maintenance, replacement, and modification of facilities. Facilities operator includes:
A. Operators;
B. Applicants who applied for consent to collocate a small cell facility or to construct, maintain, modify, operate, or replace a new wireless support structure pursuant to R.C. § 4939.031(E) and who have obtained a small cell use permit; and
C. Applicants who applied for consent to collocate a small cell facility or to construct, maintain, modify, operate, or replace a new wireless support structure pursuant to R.C. § 4939.033 and who have obtained a small cell use permit.
(9) "Operator" means a wireless service provider, cable operator, or video service provider that operates a small cell facility and provides wireless information services as defined in the "Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20), and that are fixed in nature or use unlicensed spectrum.
(10) "Public way" or "right-of-way" means the surface of, and the space within, through, on, across, above, or below, any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public easement, and any other land dedicated or otherwise designated for a comparable public use, which is owned or controlled by the City or other public entity or political subdivision.
(11) "Small cell equipment" means a small cell facility and all accessory equipment.
(12) "Small cell facility" means a wireless facility that meets both of the following requirements:
A. Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna with exposed elements, the antenna and all of its exposed elements can fit within an enclosure of not more than six cubic feet in volume; and
B. All other wireless equipment associated with the facility is cumulatively not more than 28 cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
(13) "Small cell use permit" means the permit granted by the City authorizing the applicant to collocate a small cell facility or to construct, maintain, modify, operate, or replace a wireless support structure in the right-of-way.
(14) "Substantial modification" means a change to existing facilities, measured from the facilities as originally permitted, including any modifications that were reviewed and approved by the City prior to the enactment of the Federal Spectrum Act on February 22, 2012, that includes one or more of the following:
A. Increasing the height of the wireless support structure by more than ten percent or more than ten feet, whichever is greater;
B. Adding an appurtenance to the body of the wireless support structure that would protrude from the edge of the structure by more than six feet;
C. Installing more than the standard number of new equipment cabinets for the technology involved, not to exceed four cabinets;
D. Installation of any new equipment cabinets in the ground if there are no pre-existing ground cabinets associated with the structure, or the installation of ground cabinets that are more than ten percent larger in height overall volume than other ground cabinets associated with the structure;
E. Any excavation or deployment outside the current site;
F. Removal of any concealment elements from the site.
(15) "Wireless support structure" means a pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a 15-foot or taller sign pole, or utility pole capable of supporting small cell facilities. As used in this chapter, "wireless support structure" excludes all of the following:
A. A utility pole or other facility owned or operated by a municipal electric utility; and
B. A utility pole or other facility used to supply traction power to public transit systems, including railways, trams, streetcars, and trolleybuses.
(c) The Chief Building Official is authorized and directed to promulgate the City's Design Guidelines as set forth in Chapter 1483 of the Codified Ordinances of the City of Maple Heights with objective, technologically feasible criteria. To the extent these regulations conflict with the regulations set forth in Section 1298.20 or Chapter 1481 of the City's Codified Ordinances, these regulations shall prevail.
(Ord. 2018-49. Passed 8-1-18.)