(a) Purpose. The purpose of this chapter is to establish general procedures and standards for the siting, construction, placement, collocation, modification, operation, and removal of small cell facilities and/or wireless support structures within the City of Miamisburg.
(b) Goals and Intent. The goals and intent of this chapter are to:
(1) Provide standards for the siting, construction, placement, collocation, modification, operation, and removal of small cell facilities and wireless support structures within the City.
(2) Establish criteria for making application to promote fair and efficient processing of applications.
(3) Ensure that small cell facilities and wireless support structures conform to all applicable health and safety regulations.
(4) Enhance the ability of wireless service providers to deploy small cell facilities and wireless support structures in the City quickly, effectively, and efficiently so that residents, businesses, and visitors benefit from ubiquitous and robust wireless service availability.
(5) Preserve the character of the City’s neighborhoods by limiting the overall number of facilities within the City’s right-of-way.
(6) Reduce visual clutter and preserve and enhance the aesthetic environment of the City.
(7) Ensure the safety of motorists, pedestrians, and other users of the City’s rights-of-way by limiting the placement and overall number of facilities within close proximity to roadways, sidewalks, or other such ways of travel.
(8) Establish a fair and reasonable method to recover costs incurred in administering this chapter.
(9) Comply with, and not conflict with or preempt, all applicable state and federal laws, including without limitation Section 101(a) and Section 704 of the Telecommunications Act, Pub. L. 104-104, 101 Stats. 56, 70 (Feb. 8, 1996) (codified as 47 U.S.C. §§ 253(a), 332(c)(7)), as may be amended or superseded, and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, Pub. L. 112-96, 126 Stat. 156 (Feb. 22, 2012) (codified as 47 U.S.C. § 1455(a)), as may be amended or superseded, and all FCC rules and regulations to interpret and implement applicable federal statutes.
(c) City Engineer. The City Engineer shall be the principal city official responsible for the administration of this chapter except as otherwise provided herein. The City Engineer may delegate any or all of the duties hereunder to an official designee.
(Ord. 6739. Passed 7-17-18.)