(a) Public Right-of-Way Route. Consent granted to a service provider to occupy or use the public right-of-way under Section 777.02
shall be limited to a grant to occupy or use the specific public right-of-way and defined portions thereof, including the specific small cell facility and wireless support structure and location along the public right-of-way, as approved by the City.
(b) Nonexclusive Consent to Occupy the Public Right-of-Way. No consent granted under Section 777.02
shall confer any exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the City, other than as specifically provided in said consent.
(c) Rights Permitted. No consent granted under Section 777.02
shall convey any right, title or interest in the public right-of-way, but shall be deemed a consent only to occupy or use the public right-of-way for the limited purposes granted by the consent. Further, no consent shall be construed as any warranty of title.
(d) Height.
(1) For a new wireless support structure, the overall height of the wireless support structure and any collocated antenna shall not be more than forty feet in height above ground level.
(2) For collocations on existing wireless support structures, the proposed attachments for the new antennas, small cell facilities, and any concealment materials shall not increase the overall height of the existing wireless support structure by more than five feet.
(e) Maximum Size. The small cell facility must conform to the size limitations as defined for a small cell facility in Section 777.01
(b)(26) of this Chapter.
(f) Color.
(1) For a new wireless support structure, the color of the structure and any/all attachments to this structure shall be set forth in the sole discretion of the Planning Commission.
(2) For collocations on existing wireless support structures, the new small cell facilities shall be a color or colors that are consistent with or most blends into the existing wireless support structure on which they are installed, unless a different color is needed for public safety or service reliability reasons.
(g) Minimum Spacing Requirements. Minimum spacing requirements between proposed and existing wireless support structures - the minimum horizontal distance between a new wireless support structure and associated small cell facilities and any other existing or permitted but unconstructed wireless support structures and small cell facilities on the same side of the rights-of-way at the time a complete application is filed with the City, irrespective of the owners/operators, shall not be less than 200 linear feet, as measured parallel to the right-of-way, unless a shorter distance is more visually appealing for aesthetic purposes as reasonably determined bv the Planning Commission.
(h) Alternate Location. The City may propose an alternate location to the proposed location of a new wireless support structure that is either within 200 feet of the location set forth in the person's application for consent to occupy or use the public right-of-way, or is within a distance that is equivalent to the width of the public right of wav that the new wireless support structure is proposed to be located on; whichever is greater. Any applicant or service provider shall be required to use the alternate location proposed by the City, if the applicant or service provider has the right to use the alternate location on reasonable terms and conditions, and the alternate location does not impose technical limits and additional costs.
(i) Wiring and Cabling. Wires and cables connecting the small cell facility shall be installed in accordance with the version of the National Electrical Code adopted by the City and in force at the time of installation. In no event shall wiring and cabling serving the small cell facility interfere with any wiring or cabling installed by a cable television or video service operator, electric utility, telephone utility or other utility.
(j) Reservation by City for Future Uses. The City may reserve space for future public safety or transportation uses in the public right-of-way, or on a wireless support structure or pole owned by the City. Said reservation of space shall be set forth in a documented plan, subject to the approval of the Planning Commission. A reservation of space by the City shall not preclude placement of a pole or collocation of a small cell facility by a private service provider; provided, however, that said pole or wireless support structure shall accommodate any future use reserved by the City. In the event it is necessary to replace any City pole or wireless support structure to accommodate the collocation of a service provider’s small cell facility, the service provider shall pay for the replacement of the city pole or wireless support structure.
(k) Time for Completion. Any collocation or construction of a new wireless support structure shall be completed within 180 days after the issuance of a consent to occupy or use the public right-of-way. The City and service provider may extend this completion date by mutual agreement.
(l) Underground Placement. No small cell facility or wireless support structure shall be constructed in a public right-of-way that is located in an area in which it was required, or will be required, under the Parma Heights Codified Ordinances, to install any electric facilities, telephone facilities, or any other utility facilities underground. This prohibition shall not apply to the replacement of a wireless support structure or the collocation of a small cell facility on a wireless support structure that exists or might exist in said designated area. A service provider may apply to the Planning Commission for a waiver of the underground placement requirement for the construction of a new wireless support structure if the service provider is unable to achieve its service objection under the following circumstances:
(1) From a location in the public right-of-way where the prohibition does not apply;
(2) In a utility easement the service provider has the right to access; or,
(3) In or on other suitable locations or structures made available by the City at reasonable rates, fees and terms.
(m) Guy Wires Restricted. Guy wires and similar support structures may not be used as part of the installation of any small cell facility and wireless support structure, unless the small cell facility is proposed to be attached to an existing utility pole that incorporated guy wires prior to the date of the request for consent.
(n) Grounding. The small cell facility, including any ground-mounted equipment, shall be grounded in accordance with the requirements of the most current edition of the National Electrical Code adopted by the City regarding grounding of wireless facilities.
(o) Signage. Other than warning or notification signs required by federal law, or identification and location markings required by the City, a small cell facility and wireless support structure shall not have signs installed thereon.
(p) Maintenance of Small Cell Facility and Wireless Support Structure. Each service provider shall maintain its small cell facility and wireless support structure in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.
(q) Safety Procedures. A service provider or other person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as necessary and in accordance with applicable state and local requirements for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such public right-of-way or property.
(r) Interference with the Public Rights-of-Way. No service provider may locate or maintain its small cell facility and wireless support structure so as to unreasonably interfere with the use of the public right-of-way by the City, by the general public or by other persons authorized to use or be present in or upon the public right-of-way. All such small cell facilities and wireless support structures shall be moved by the service provider, temporarily or permanently, as determined by the Building Commissioner when necessary to protect the public, comply with the provisions of this chapter, or otherwise comply with local, state or federal laws. The expense or cost to move said small cell facility and wireless support structure shall be the responsibility of the service provider.
(s) Damage to Public and Private Property. No service provider nor any person acting on the service provider’s behalf shall take any action or permit any action to be done which may impair or damage any city property, public right-of-way, or other public or private property located in, on or adjacent thereto.
(t) Restoration of Public Right-of-Way, Other Ways and City Property.
(1) When a service provider, or any person acting on its behalf, does any work in or affecting any public right-of-way or city property, it shall, after the work is completed and at its own expense, promptly remove any obstructions therefrom and restore such ways or property, within ten to thirty days, at the Building Commissioner’s discretion, to as good a condition as existed before the work was undertaken, unless otherwise directed by the City.
(2) If weather or other conditions do not permit the complete restoration required by this section, the service provider shall temporarily restore the affected ways or property as directed by the Building Commissioner. Such temporary restoration shall be at the service provider’s sole expense and the service provider shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
(u) Damage to Service Provider’s Small Cell Facility and Wireless Support Structure. Unless directly and proximately caused by the willful, intentional or malicious acts of the City, the City shall not be liable for any damage to or loss of any small cell facility or wireless support structure in the public right-of-way of the City as a result of or in connection with, but not limited to, any public works, public improvements, construction, excavation, grading, filling, salting, snow removal or work of any kind in the public right-of-way by or on behalf of the City.
(v) Duty to Provide Information. Within ten days of a written request from the City, each service provider shall furnish the City with documentation sufficient to show that the service provider has complied with all requirements of this chapter.
(w) Assignments or Transfers of Consent. Consent to occupy or use the public right-of-way may be, directly or indirectly, transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the service provider, by operation of law or otherwise, without consent of the City, so long as:
(1) The City is notified of the proposed transfer on or before the date of transfer; and
(2) The transferee shall fully comply with this chapter within sixty days of the transfer, including, but not limited to:
A. All information required by the application for consent to occupy or use the public right-of-way pursuant to Section 777.02 of this chapter; and
B. Any other information reasonably required by the City.
(x) Revocation of Consent. Consent granted by the City to occupy or use the public right-of-way of the City may be revoked for any one of the following reasons:
(1) Construction, reconstruction, installation, location, operation or excavation at an unauthorized location.
(2) Construction, reconstruction, installation, location, operation or excavation in violation of City safety and/or construction requirements.
(3) Material misrepresentation or lack of candor by or on behalf of a service provider in any permit application or registration required by the City.
(4) Abandonment of small cell facility and/or wireless support structure in the public right-of-way.
(5) Failure to relocate or remove a small cell facility and/or wireless support structure or failure to restore the public right-of-way, as required by this chapter.
(6) Insolvency or bankruptcy of the service provider.
(7) Tthe small cell facility and/or wireless support structure is in a state of disrepair which creates a public nuisance.
(8) Violation of material provisions of this chapter.
(9) Construction under the consent is not commenced within two years of the consent approval date.
(y) Notice and Duty to Cure. In the event that the Director of Public Service believes that grounds exist for revocation of consent to occupy or use the public right-of-way or construction permit, the Director of Public Service shall give the service provider written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the service provider a reasonable period of time not exceeding thirty days to furnish evidence:
(1) That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance;
(2) That rebuts the alleged violation or noncompliance; and/or
(3) That it would be in the public interest to impose some penalty or sanction less than revocation.
(z) Municipal Structures. A service provider may collocate a small cell facility on a wireless support structure owned by the City and which is located in the public right-of-way, provided that the person complies with applicable design guidelines and conditions for such collocation adopted by the City that are consistent with said design guidelines under this chapter. The City may condition approval of said collocation on the replacement or modification of the City’s wireless support structure, at the service provider’s cost, if the City determines that replacement or modification of the City’s wireless support structure is necessary. The City shall retain ownership of any City wireless support structure that is replaced. The City shall annually charge the amount of two hundred dollars ($200.00) per each small cell facility collocated on a wireless support structure owned by the City and located in the public right-of-way.
(Ord. 2018-27. Passed 6-11-18; Ord. 2018-36. Passed 8-1-18.)