908.01 Purpose, definitions and authority to promulgate design guidelines.
908.02 Consent required.
908.03 Permit application types and process.
908.04 Consolidated consent applications.
908.05 Application fee.
908.06 Attachment fee.
908.07 Required application materials.
908.08 Application review.
908.09 Permitting process, duration and termination.
908.10 Annual registration.
908.11 Nonconforming facilities.
908.12 Abandoned and damaged facilities.
908.13 Insurance requirements.
908.14 Indemnification.
908.15 Financial surety.
908.16 Reserved space.
908.17 Removal or relocation of facilities.
908.18 Notice of work.
908.19 Appeal.
908.20 Severability.
908.99 Penalties; equitable remedies.
CROSS REFERENCES
Small cell design guidelines - see S. & P.S. Ch. 909
(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-Way 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 Middleburg 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 909 of the Codified Ordinances of the City of Middleburg Heights and promulgated by the Chief Building Official.
(7) "Eligible Facilities or Eligible Support Structure Request" means any request for modification of an existing support structure or base station that does not substantially change the physical dimension of such support structure involving Collocation of new Facilities; removal of Facilities; or replacement of Facilities. A substantial change means:
A. A modification that changes the physical dimension of a Wireless Support Structure by increasing the height of the Wireless Support Structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater; and/or by adding an appurtenance to the body of the Wireless Support Structure that would protrude from the edge of the Wireless Support Structure by more than six (6) feet;
B. The installation of more than the standard number of equipment cabinets for the technology involved or the installation of more than (4) cabinets, whichever is less;
C. The installation for any new ground-mounted equipment cabinets if there are no existing ground-mounted equipment cabinets;
D. Any excavation or deployment outside of the current site of the Facility;
E. Removal of any concealment elements of the Facilities or the Wireless Support Structure; and
F. Any change that does not comply with this Chapter, the Design Guidelines set forth in Chapter 909 of the Codified Ordinances, or state or federal law and regulations.
The threshold for measuring increases that may constitute a substantial change are cumulative, 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.)
(8) "Facilities" means Small Cell Facilities, Accessory Equipment, and Wireless Support Structures.
(9) "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 O.R.C. Section 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 O.R.C. Section 4939.033 and who have obtained a Small Cell Use Permit.
(10) "Operator" means a wireless service provider, cable operator, or video service provider that operates a Small Cell Facility and provides Wireless Service as defined in this section. For the purpose of this chapter, "Operator" includes a wireless service provider, cable operator, or a video service provider that provides 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.
(11) "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.
(12) "Small Cell Equipment" means a Small Cell Facility and all Accessory Equipment.
(13) "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 (6) 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 (6) cubic feet in volume; and
B. All other wireless equipment associated with the facility is cumulatively not more than twenty-eight 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.
(14) "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.
(15) "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 10% 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 10% 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.
(16) “Wireless Service" means any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities.
(17) "Wireless Support Structure" means a pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a fifteen-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 909 of the Codified Ordinances of the City of Middleburg Heights with objective, technologically feasible criteria.
(Ord. 2018-50. Passed 7-23-18.)
(a) Any person or entity seeking to Collocate a Small Cell Facility in the Right-of-Way, or to construct, maintain, modify, operate, or replace a Wireless Support Structure in the Right-of-Way, shall first file a written Application for a Small Cell Use Permit with the Chief Building Official in accordance with the requirements in this Chapter, the City's Design Guidelines, O.R.C. Chapter 4939, and all applicable state and federal laws and regulations.
(b) Applicants are strongly encouraged to contact the Chief Building Official and request a pre-Application conference. This meeting will provide an opportunity for early coordination regarding proposed Facilities, locations, design, Application submittal, and the approval process in order to avoid any potential delays in the processing of an Application and deployment of Facilities in the City.
(c) A Small Cell Use Permit granted under this Chapter shall not convey any right, title or interest in the Right-of-Way, but shall be deemed a permit only to use and occupy the Public Ways for the limited purposes and term stated in the permit, this Chapter, and the City's Design Guidelines. No Small Cell Use Permit shall be construed as any warranty of title. (Ord. 2018-50. Passed 7-23-18.)
(a) Applicants shall classify their Application as one of the following types:
(1) Type 1: Eligible Facilities Requests;
(2) Type 2: Application for Collocation of Small Cell Equipment on a Wireless Support Structure that does not constitute an Eligible Facilities Request;
(3) Type 3: New Wireless Support Structure. Such applications address construction, modification, replacement, or removal of a Wireless Support Structure within the Right-of-Way. At the time of Application, Applicants shall certify that Small Cell Equipment will be placed on the Wireless Support Structure within 180 days from the date the Small Cell Use Permit is issued.
(4) Type 4: Removal of a Wireless Support Structure Application: Request to permanently remove an existing Wireless Support Structure.
(b) Applications are administered by the Chief Building Official pursuant to this Chapter and Chapter 909 of the Codified Ordinances. The process includes:
(1) Pre-application meeting with Chief Building Official and Applicant.
(2) Applicant completes and submits the City application form and required fees.
(3) Chief Building Official reviews the Application and provides Applicant with a decision within the timeframes set forth in Section 908.08.
(4) Applicant completes installation or removal within 180 days or requests a time extension.
(5) Chief Building Official and Applicant conduct an inspection to confirm compliance with applicable local, state, and federal law. Applicant shall remedy any identified issues within 30 days.
(6) Chief Building Official and Applicant conduct a final inspection.
(Ord. 2018-50. Passed 7-23-18.)
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