(A) Permit application review timeframes.
(1) Collocation of small cell facilities on existing wireless support structures. The village shall grant or deny its consent for requests to collocate, or to replace or modify a small cell facility on, or associated with, an existing wireless support structure not later than 60 days after the date of filing by an entity of a completed application.
(2) New wireless support structures and associated small cell facilities. The village shall grant or deny its consent for requests to construct, modify, or replace a wireless support structure associated with a small cell facility within the right-of-way not later than 90 days after the date of filing by an entity of a completed application.
(3) Wireless support structure and/or small cell facilities removal. The village shall grant or deny its consent for requests to remove wireless support structures associated with small cell facilities from the right-of-way typical to the review timeframes for the general right-of-way permit required for this activity.
(4) Eligible facilities request. The village shall approve eligible facilities requests in accordance with Ohio Revised Code Chapter 4939, 47 C.F.R. 1.40001, and this chapter not later than 60 days after the date of filing by an entity of a submitted application.
(B) Failure to grant or deny within prescribed timeframes. If the village fails to approve or deny a request for consent under this section or a request for a relevant work permit within the timeframes required under application review timeframes and process § 96.03(A) above, provided the time period is not tolled under application review timeframes and process § 96.03(D) below, or extended with the written consent of the applicant and the Mayor, the request shall be deemed granted upon the requesting entity providing notice to the village that the time period for acting on the request has lapsed.
(C) Application denials.
(1) The village shall not unreasonably withhold or deny consent for small cell facilities and wireless support structures within the right-of-way.
(2) If a request for consent is denied, the village shall provide in writing its reasons for denying the request, supported by substantial, competent evidence, and such information as the applicant may reasonably request to obtain consent. The denial of consent shall not unreasonably discriminate against the entity requesting the consent.
(3) Except in the case of a public utility subject to the jurisdiction and recognized on the rolls of the public utilities commission or of a cable operator possessing a valid franchise awarded pursuant to the "Cable Communications Policy Act of 1984," 98 Stat. 2779, 47 U.S.C.A. 541, the village, for good cause shown, may withhold, deny, or delay its consent to any person based upon the person's failure to possess the financial, technical, and managerial resources necessary to protect the public health, safety, and welfare.
(D) Tolling of required timeframes.
(1) The time periods required in application review timeframes and process § 96.03(A) above may be tolled only:
(a) By mutual agreement between the entity requesting consent and the village;
(b) In cases where the village determines that the application is incomplete; or
(c) If the number of requests for consent for small cell facilities or wireless support structures received is likely to result in difficulty processing applications within the time limits set forth in application review timeframes and process § 96.03(A) due to the lack of resources of the village, then the village may toll the time limits as follows:
1. The time period may be tolled for up to 21 days for the first 15 small cell facility or wireless support structure requests received by the village once more than 15 applications are received by the village within any consecutive 30 day period.
2. Further, for every additional 15 requests that the village receives above the thresholds provided above, the village may toll the time period for those requests for up to 15 days in addition to the time period provided in division (D)(1)(c)1. of this section.
3. In no instance shall the village toll the time period for any small cell facility or wireless support structure request by more than 90 consecutive days. Upon request, the village shall provide an operator written notice of the time limit for a small cell facility or wireless support structure request.
4. The tolling provisions herein are set forth due to the corresponding number of applications causing legitimate overload of the village's resources to review applications.
(2) To toll the time period for incompleteness, the village shall provide written notice to the person requesting consent to collocate a small-cell facility not later than ten days after receiving the request, clearly and specifically delineating all missing documents or information. To toll the time period for incompleteness in an application to site a new wireless support structure, the village shall provide written notice of incompleteness, clearly and specifically delineating all missing documents or information, not later than 30 days of receiving the request. The missing documents or information shall be reasonably related to determining whether the request meets the requirements of applicable federal and state law. Any notice of incompleteness requiring other information or documentation, including information of the type described in § 4939.0313 of the Ohio Revised Code or documentation intended to illustrate the need for the request or to justify the business decision for the request, in accordance with state and federal law, does not toll the time period for incompleteness.
(3) For applications to construct a new wireless support structure, the time period for granting or denying consent resumes when the entity makes a supplemental submission in response to the village's notice of incompleteness. For applications to collocate a small-cell facility, the time period for granting or denying consent restarts when the entity makes a supplemental submission in response to the village's notice of incompleteness.
(4) If a supplemental submission is inadequate, the village shall notify the entity not later than ten days after receiving the supplemental submission that the supplemental submission did not provide the information identified in the original notice that delineated missing documents or information. The time period may be tolled in the case of second or subsequent notices under the procedures identified in divisions (1) to (3) of this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
(E) Consolidated application for multiple small cell facilities and/or wireless support structures.
(1) Applicants seeking to construct, modify, collocate, or replace more than one small cell facility or more than one wireless support structure may file, at the applicant's discretion, a consolidated application for up to 30 small cell facility requests or up to 30 wireless support structure requests in a single application and receive a single permit for the construction, modification, collocation, or replacement of the small cell facilities or wireless support structures subject to the following:
(a) This single application may be filed for multiple small cell facilities or multiple wireless support structures only if they are of substantially the same type.
(b) The village may separately address small cell facility collocations or wireless support structures for which incomplete information has been received or which are denied.
(2) In the case of a consolidated application, the fees provided for in § 4939.0316 of the Ohio Revised Code and village fee requirement may be cumulative. However, the village, at its discretion may opt to reduce such fees in order to encourage consolidated application submittals.
(3) In the case of a consolidated application, each small cell facility or wireless support structure proposed to be constructed, modified, collocated on, or replaced shall constitute a separate request for consent for purposes of tolling the response deadline as authorized under § 4939.036 of the Ohio Revised Code and tolling of required timeframes (§ 96.03(D)) herein. A request by a single operator for a new or replacement wireless support structure and associated small cell facility constitutes one request.
(F) Timeframe for completion of work authorized by permit.
(1) Collocations of small cell facilities on existing wireless support structures and the construction of new wireless support structures and/or associated small cell facilities for which permits have been granted shall be completed by the operator or its agent within 180 days after issuance of the permit, unless:
(a) The village and the operator agree to extend this period; or
(b) A delay is caused by make-ready work for a village-owned wireless support structure or decorative pole or by the lack of commercial power or backhaul availability at the site, provided that:
1. The operator has made a timely request within 60 days after the issuance of the permit for commercial power or backhaul services; and
2. The additional time to complete installation does not exceed 360 days after issuance of the permit.
(2) If divisions (1)(a) and (b) of this section cannot be met, the permit shall be void unless the village grants an extension in writing to the operator.
(G) Small cell facility and wireless support structure activities not requiring consent.
(1) Village consent shall not be required for either of the following activities conducted in the right-of-way:
(a) Routine maintenance of wireless facilities;
(b) The replacement of wireless facilities with wireless facilities that are consistent with the village's current design requirements and guidelines and that are either:
1. Substantially similar to the existing wireless facilities; or
2. The same size or smaller than the existing wireless facilities.
(Ord. O-2591-19, passed 2-18-19)