(A) Ohio House Bill 478 ("HB 478") modifies a previously adopted law regarding wireless service and the placement of small cell facilities in city rights-of-way. It was passed on April 11, 2018, signed by the governor on May 2, 2018 and is effective as of August 1, 2018. The law is intended to promote the rapid deployment of small cell facility infrastructure within the right-of-way by ensuring that municipalities grant or deny consent to install, operate, modify, or replace wireless facilities in a timely manner. The law recognizes the authority of a municipality to manage access to, and occupancy of, rights-of-ways to the extent necessary with regard to matters of local concern. This includes the protection of the integrity of historic areas and ensures that the use of the rights-of-way in such districts is technologically and aesthetically appropriate.
(B) Chapter 15 of the Village of Mariemont Ordinances has been written to account for the provisions of HB 478 for the regulation of small cell facilities and wireless support structures within city rights-of-way.
(Ord. O-15-20, passed 6-8-2020)