(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 section, or section 1332.24 or 4939.031 of the Ohio Revised Code, any requisite consent of the municipality. 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 certificate of registration under Section 917.03. If the operator’s sole 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, then the operator shall not be required to pay the annual fee for general right-of-way certificate of registration provided in Section 917.05. This provision shall not be construed to waive application fees or any other construction or work permit necessary for work in the municipality.
(b) Pre-Application Conference.
(1) Purpose. Applicants are strongly encouraged to contact the municipality and request a pre-application conference. This meeting will provide an opportunity for early coordination regarding proposed small cell facilities and wireless support structure locations and design, and the application submittal and review process, in order to avoid any potential delays in the processing of an application and deployment of small cell facilities and wireless support structures in the municipality.
(2) Appointment Required. An appointment is required for all pre-application conferences. Applicants must contact the designated municipality staff member as noted on the application form, who will provide applicants an appointment with all applicable municipality representatives in a timely manner.
(c) Application Required. In accordance with federal and state law and the municipality code, an operator may apply to the municipality to collocate a small cell facility on an existing wireless support structure and to construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the municipality rights-of-way. Anyone seeking to collocate a small cell facility on an existing wireless support structure and/ or to construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the municipality rights-of-way shall first duly file a written application with the municipality, in accordance with the requirements in this section and additional requirements set forth in the Design Guidelines as modified from time to time by the Mayor.
(d) Required Application Materials. Unless otherwise required by state or federal law, all applicants shall submit to the municipality materials and information associated with each application as outlined in the Design Guidelines in order for the application to be considered complete. (Ord. 2021-31. Passed 4-12-21.)