(A) General requirements. The following requirements shall apply to all small cell facilities and wireless support structures proposed within the right-of-way.
(1) No person shall occupy or use the right-of-way except in accordance with law.
(2) In occupying or using the right-of-way, no person shall unreasonably compromise the public health, safety, and welfare.
(3) No person shall occupy or use the right-of-way without first obtaining, under this chapter, Chapter 97, or R.C. §§ 1332.24 or 4939.031, any requisite consent of the village. Before placing small cell facilities or wireless support structures in the right-of-way, an operator must apply for and receive a general right-of-way permit under Chapter 97. If the operator's activities in the right-of-way will consist solely of collocating small cell facilities, constructing, modifying, or replacing new wireless support structures and associated small cell facilities, removing such facilities, or eligible facilities requests as defined by the Federal Communication Commission, then the operator shall not be required to pay the annual fee for holders of a right-of-way permit provided in Chapter 97. This provision shall not be construed to waive application fees or any other construction or work permit necessary for work in the village.
(B) The permitting procedures and authorizations set forth herein in this chapter shall apply only to the small cell facilities and wireless support structures in the right-of-way, and do not authorize the construction and operation of a wireline backhaul facility, which continues to be governed by Chapter 97.
(C) Nothing in this chapter preludes the village from applying its generally applicable health, safety and welfare regulations when granting consent for a small cell facility or wireless support structure in the village’s right-of-way.
(Ord. 18-10-02, passed 2-19-19)