1174.04 APPLICATION REQUIREMENTS AND TERMINATION.
   (a)   The applicant must submit the following documentation with each application:
      (1)   A completed Village of Ottawa building permit form including the identity, legal status and federal tax identification number of the applicant who owns or will own the small cell facility or wireless support structure, as well as all affiliates and agents of the applicant that will use or be, in any way, responsible for the facilities;
      (2)   The name, address, and telephone number of the local officer, agent, or employee responsible for the accuracy of the application, to be notified in case of emergency;
      (3)   Fully dimensional, scaled site plan, no smaller than one-inch equals forty (40) feet, including the following:
         A.   The exact proposed location of the facilities in the right-of-way;
         B.   All existing facilities with all existing transmission equipment;
         C.   The location of any ground-mounted small cell facilities;
         D.   The location of small cell facilities on a wireless support structure;
         E.   The design and appearance of a wireless support structure.
         F.   The location of all overhead and underground public utilities, telecommunications, cable, water, sanitary sewer, and storm water drainage utilities in the public right-of-way within one hundred (100) feet surrounding the proposed facilities;
         G.   The legal property boundaries within one hundred (100) feet surrounding the proposed facilities;
         H.   Indication of distance between the facilities and existing curbs, driveways, sidewalks, trees, utilities, other poles, and existing buildings within one hundred (100) feet surrounding the proposed facilities; and,
         I.   Access and utility easements within one hundred (100) feet surrounding the proposed facilities.
         J.   The appearance and concealment of small cell facilities, including those relating to materials used for arranging, screening and landscaping.
      (4)   Elevation drawings (scale no smaller than one-inch equals ten (10) feet of the proposed facility;
      (5)   Structural calculations prepared, stamped and signed by an engineer licensed and registered by the State of Ohio showing that the wireless support structure can accommodate the weight of the proposed small cell equipment;
      (6)   Analysis demonstrating that the proposed facilities do not interfere with the Village’s public safety radio system, traffic and emergency signal light system, or other Village safety communications components; it shall be the responsibility of the applicant to evaluate, prior to making the building permit application for small cell facilities in the Village of Ottawa corporation limits.
      (7)   A landscape plan that demonstrates screening of proposed small cell equipment;
      (8)   Drawings of the proposed facilities; for all equipment depicted, the applicant must also include, if applicable:
         A.   The manufacturer’s name and model number;
         B.   Physical dimensions, including, without limitation, height, width, depth and weight with mounts and other necessary hardware; and,
         C.   The noise level generated by the equipment, if any.
      (9)   If the applicant is not the operator, the applicant must provide proof that the applicant has been engaged by a wireless service provider who will be the end-user of the facilities.
      (10)   If a request for consent is denied, the Village shall provide, in writing, its reasons for denying the request, supported by substantial, competent evidence. The denial for consent shall not unreasonably discriminate against the applicant. Grounds for denying an application may include, but are not limited to:
         A.   Failure to provide information required under Section 1174.04;
         B.   Failure to comply with Small Cell Design Guidelines, Chapter 1174;
         C.   Failure to provide financial surety pursuant to Section 1174.12;
         D.   Failure to remove abandoned facilities as required under Section 1174.11;
         E.   Conflict with the historic nature or character of the surrounding area;
         F.   Conflict with planned future improvements in the right-of-way; and,
         G.   Failure to comply with generally applicable public health, safety, and welfare requirements.
      (11)   A small cell building permit shall not be initially approved nor continually allowed if the facilities operator or the facilities are not in compliance with all applicable laws and regulations.
      (12)   Pursuant to Ohio Revised Code Section 4939.0314(E), a small cell building permit shall be deemed terminated if the facilities operator has not completed construction of the facilities or has failed to attach small cell equipment to a wireless support structure within 180 days of issuance of the permit, unless delay is caused by:
         A.   Make-ready work for a municipally-owned wireless support structure; or
         B.   The lack of commercial power or backhaul availability at the site, provided that the operator has made a request for commercial power or backhaul services within sixty (60) days after the small cell building permit was granted.
If the additional time to complete the installation exceeds 360 days after the issuance of the permit, then the permit shall be deemed terminated regardless of the cause of the delay.
      (13)   The Village shall not issue any refunds for any amounts paid by the facilities operator upon termination of the permit.
         (Ord. 20-03. Passed 3-9-20.)