1174.03 GENERAL REQUIREMENTS.
   (a)   The following General Requirements shall apply to all Small Cell Facilities and Wireless Support Structures proposed within the Village of Ottawa 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 public health, safety, or welfare.
      (3)   No person shall occupy or use the right-of-way by installing a Small Cell Facility and/or Wireless Support Structure unless proposed development is compliant with this ordinance, Chapter 1174, and all applicable local, state and Federal laws.
      (4)   Facilities shall not be installed in any location that causes any interference with the Village’s public safety radio system, traffic and emergency signal light system or other Village safety communications systems or system components.
      (5)   The Village may propose an alternative location for proposed facilities up to one hundred (100) feet from the proposed location or within a distance that is equivalent to the width of the public way, whichever is greater. The Facilities Operator shall utilize the alternative location unless the Facilities Operator can prove the alternative location is not technically feasible.
      (6)   Pursuant to Ohio Revised Code Section 4939.0312, an Applicant may file one consolidated application for up to thirty (30) individual Small Cell Facilities or up to thirty (30) individual Wireless Support Structures, as long as the facilities or structures for which consent is requested are substantially similar.
         A.   Small Cell Facilities shall be considered substantially similar when the Small Cell Equipment is identical in type, size, appearance and function.
         B.   Wireless Support Structures shall be considered substantially similar when the Wireless Support Structures are identical in type, size, appearance and function and are to be located in a similar location.
         C.   Applications for Small Cell Facilities and Wireless Support Structures cannot be commingled. An application filed for multiple facilities or support structures must be either for up to thirty (30) Small Cell Facilities or for up to thirty (30) Wireless Support Structures.
      (7)   The Village may, at its discretion, require separate applications for any number of proposed Small Cell Facilities or Wireless Support Structures, should they not be substantially similar.
      (8)   Facilities shall not interfere with existing or planned street trees.
         (Ord. 20-03. Passed 3-9-20.)