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(A) Prevention of failures and accidents. Any person who owns a small cell wireless facility sited in the right-of-way shall at all times employ ordinary and reasonable care and install and maintain in use nothing less than the best available technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.
(B) Compliance with fire safety and FCC regulations. Small cell facilities, wires, cables, fixtures, and other equipment shall be installed and maintained in substantial compliance with the requirements of the National Electric Code, all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property.
(C) Surety bond or equivalent financial tool for cost of removal. All owners must procure and provide to the village a bond, or must provide proof of an equivalent financial mechanism, to ensure compliance with all provisions of this section. The bond or equivalent financial method must specifically cover the cost of removal of unused or abandoned small cell facilities or damage to village property caused by an operator or its agent of each small cell facility which the owner installs in the right-of-way in case the village has to remove or pay for removal of the wireless facility. Two acceptable alternatives to a bond include a funds set-aside and a letter of credit.
(Ord. 2018-47, passed 6-20-18)
(A) Application processing fee. For processing an application for consent, the village may charge a fee for each small cell facility and wireless support structure requested as prescribed under R.C. § 4939.031 and as listed on the associated application forms. The village may adjust this fee 10% every five years, rounded to the nearest $5.
(B) Annual collocation fee. For reimbursement for operator's attachment of small cell facilities to wireless support structures owned or operated by the village and located in the right-of-way, the village may charge an annual fee as prescribed under R.C. § 4939.031 and as listed on associated application forms. The village may adjust this fee 10% every five years, rounded to the nearest $5.
(C) Tax liabilities and assessments not applicable. Placement of small cell facilities in the right-of-way or attachment of small cell facilities to a wireless support structure and any fees associated therewith shall not subject a municipal corporation to any state or local tax liabilities or assessments.
(Ord. 2018-47, passed 6-20-18)
The provisions of any part of this chapter are severable. If any provision or subsection, or the application of any provision or subsection to any person or circumstances is held invalid, the remaining provisions, subsection, and applications of such ordinance to other persons or circumstances shall not be made invalid as well. It is declared to be the intent of this section that the remaining provisions would have been adopted had such invalid provisions not been included in this chapter when originally adopted by Council.
(Ord. 2018-47, passed 6-20-18)
(A) In addition to any other penalties set forth in this chapter, any person or permittee violating any section in this chapter shall be guilty of a minor misdemeanor. Each day the violation continues shall be deemed a separate offense.
(B) Nothing herein shall prevent the village from taking any other lawful action, including civil actions at law or equity, including temporary restraining orders, preliminary injunctions and permanent injunctions, as is necessary to prevent or remedy any violations.
(Ord. 2018-47, passed 6-20-18)