(a) For the purpose of this chapter, and the interpretation and enforcement hereof, 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) “Abandoned” means any Small Cell Facility or Wireless Support Structure that is unused for a period of one hundred eighty (180) days without the Operator otherwise notifying the Village and receiving Village approval.
(2) “Antenna” means communications equipment that transmits or receives radio frequency signals in the provision of wireless service.
(3) “Accessory Equipment” means equipment used in conjunction with a Small Cell Facility and generally at the same location as, or in proximity to, 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) “Applicant” means any person or entity who submits an Application pursuant to this chapter.
(5) “Application” means building permit form, and when applicable an additional floodplain development form, submitted to obtain approval to construct and or install a Small Cell Facility and/or to construct, modify or replace a Small Cell Wireless Support Structure.
(6) “Collocation” or “Collocate” means to install, mount, maintain, modify, operate, or replace wireless Facilities on a Wireless Support Structure.
(7) “Decorative Pole” means a pole, arch, or structure other than a street light pole placed in the Right-of-Way to specifically be designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following (a) electric lighting: (b) specially designed informational or directional signage; (c) temporary holiday or special event attachments.
(8) “Design Guidelines” means those detailed design guidelines, specifications and examples adopted by the Village Council pursuant to Chapter 1174 for the design and installation of Small Cell Facilities and Wireless Support Structures, which are effective insofar as they do not conflict with Federal and state law, rule and regulations.
(9) “Facilities Operator” means the person or entity responsible for the installation, operation, maintenance, replacement, and modification of Small Cell Facilities, Accessory Equipment and Wireless Support Structures. 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 Ohio Revised Code 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 Ohio Revised Code Section 4939.033 and who have obtained a Small Cell Building Permit from the Village.
(10) “Operator” means a wireless service provider, cable operator, or video service provider that operates a Small Cell Facility and provides wireless service, including 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 services 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 lane, public path, public alley, public court, public sidewalk, 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 Village or other public entity or political subdivision.
(12) “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.
(13) “Wireless Facility” means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:
A. Equipment associated with wireless communications;
B. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
C. The term does not include any of the following:
i. The structure or improvements on, under, or within which the equipment is collocated;
ii. Coaxial or fiber-optic cable that is between Wireless Support Structures or Utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
(14) “Wireless Support Structure” means a pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a fifteen-foot (15) or taller sign pole, or utility pole capable of supporting Small Cell Facilities.
(15) “Wireless Backhaul Facility” means a facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire.
(Ord. 20-03. Passed 3-9-20.)