(a) The purpose and intent of this Chapter is to:
(1) Manage Occupancy or use of the Public Right-of-Way.
(2) Encourage the provision of advanced, competitive, telecommunications services on the widest possible basis to the businesses, institutions, and residents of the Village;
(3) Permit and manage reasonable access to the Public Right-of-Way of the Village for telecommunications service purposes on a competitively neutral basis.
(4) Conserve the limited physical capacity of the Public Right-of-Way held in trust by the Village for the benefit of the public.
(5) Assure that the Village receives cost recovery for the Occupancy and use of the Public Right-of-Way in accordance with law.
(6) Assure that all Service Providers with Facilities in the Public Right-of-Way comply with the ordinances, rules, and regulations of the Village.
(7) Assure that the Village fairly and responsibly protects the public health, safety, and welfare.
(8) Enable the Village to discharge its public trust consistent with rapidly revolving federal and State regulatory policies, industry competition, and technological development.
(9) Provide standards for the construction, installation, modification, operation, and removal of Small Cell Facilities and Wireless Support Structures in the Village's Right-of-Way.
(10) Preserve the character of the Village, including the Village's Historic District, and protect property values.
(11) Give guidance to wireless telecommunications providers to assist such companies in the timely, efficient, safe, and aesthetically-pleasing installation of Small Cell Facilities and Wireless Support Structures.
(b) For the purpose of this Chapter, and the interpretation and enforcement thereof, 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) Accessory Equipment means any equipment used in conjunction with a Wireless Facility or Wireless Support Structure. "Accessory Equipment" includes utility or transmission equipment, power storage, generation, orcontrol equipment, cables, wiring, and equipment cabinets.
(2) Affiliate means a person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with another Person.
(3) Antenna(e) means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but not be limited to, radio, television, cellular, paging, personal telecommunications service, internet, and microwave telecommunications.
(4) Capital Improvement means an addition made to enhance the value orextend the useful life of an existing System or Facilities, including Construction, Reconstruction, installation, rehabilitation, renovation, improvement, enlargement, and extension of Facilities, but not including ordinary or Routine Maintenance.
(5) Collocation or Collocate means to install, mount, maintain, modify, operate, or replace a Wireless Facility on a Wireless Support Structure.
(6) Construct, Constructing, Construction, etc. means installing, repairing,
replacing, or removing any Facility, regardless of the methods employed.
(7) Decorative Pole means a pole, arch, or structure other than a street light pole placed in the public right of way specifically 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; or
C. Temporary holiday or special event attachments.
(8) Distributed Antenna System means a network or facility to which all of
the following apply:
A. It distributes radio frequency signals to provide Wireless Service.
B. It meets the height and size characteristics of a Small Cell Facility.
C. It consists of all of the following:
1. Remote antenna notes deployed throughout a desired coverage area;
2. A high-capacity signal transport medium connected to acentral hub site; and
3. Equipment located at the hub site to process or control theradio frequency signals through the antennas.
(9) Eligible Facilities or Eligible Support Structure Request means any request for modification of an existing support structure or base station that does not substantially change the physical dimension of such support structure involving Collocation of new Small Cell Facilities or Wireless Support Structures, removal of Small Cell Facilities or Wireless Support Structures, or replacement of Small Cell Facilities or Wireless Support Structures. A substantial change means:
A. A modification that changes the physical dimension of a Wireless Support Structure by increasing the height of the Wireless Support Structure by more than ten percent (10%) or more than ten feet, whichever is greater, and/or by adding an appurtenance to the body of the Wireless Support Structure that would protrude from the edge of the Wireless Support Structure by more than six (6) feet;
B. The installation of more than the standard number of equipment cabinets for the technology involved or the installation of more than four (4) cabinets, whichever is less;
C. The installation of any new ground-mounted equipment cabinets if there are no existing ground-mounted equipment cabinets;
D. Any excavation or deployment outside of the current site of the Facility;
E. Removal of any concealment elements of the Facility or the Wireless Support Structure; or
F. Any change that does not comply with this Chapter or with state or federal law or regulations.
(10) Engineer means the Engineer of the Village or Engineer's designee.
(11) Excavate, Excavating, or Excavation means cutting, sawing, breaking,drilling into, boring under, or otherwise altering any Public Street orsidewalk pavement, and/or digging, drilling into, or boring under anyunpaved portion of the Public Right-of-Way, including any other workor activity which disturbs the existing surface or subsurface structure,
composition, or soil compaction, for the purpose of carrying on any Construction activity.
(12) Facilities or Facility means the plant, equipment, and property, including but not limited to, Accessory Equipment, Antennae, cables, fibers, wires, pipes, conduits, ducts, pedestals, electronics, poles, mains, plant, equipment, and other appurtenances located under, on or above the surface of the ground in the Public Right-of-Way of the Village for a Micro Wireless Facility.
(13) Lane Construction means the blocking or diverting of vehicular and/orpedestrian traffic from a street or sidewalk for the purpose of Constructing, Excavating, installing, repairing, maintaining, operating, replacing, or removing any Facility, including: the lifting or removing of manhole or handhold covers; and the opening or accessing of at-grade or pole-mounted cabinets, pedestals, transformers, power supplies, amplifiers, splice enclosures, traps, or other Facilities.
(14) Micro Wireless Facility means a Small Cell Facility that is not more than twenty-four inches in length, fifteen inches in width, and twelve inches in height and that does not have an exterior antenna more than eleven inches in length suspended on cable strung between Wireless Support Structures.
(15) Monopole means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
(16) Occupancy, Occupy, or Use means, with respect to the Public Right-of-Way, to place a tangible thing in the Public Right-of-Way forany purpose, including, but not limited to, constructing, repairing, positioning, maintaining, or operating lines, poles, pipes, conduits, ducts, equipment, or other structures, appurtenances, or Facilities.
(17) Overhead Facilities means utility poles and wires, cables, and other such equipment running between and on such poles, including the underground supports and foundations for such Facilities.
(18) Person means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies, trusts, public utilities, any other entity, and individuals and includes their lessors, trustees, and receivers, and specifically includes the Village itself.
(19) Private Service Provider means any Person who, pursuant to the consent to Occupy or Use the Public Right-of-Way pursuant to Section 911.02 of this Chapter, directly or indirectly owns, controls, operates, or manages a Micro Wireless Facility within the Village's Public Right-of-Way used or to be used for the purpose of transmitting, receiving, distributing, or providing telecommunicationsor Wireless Services.
(20) Public 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 freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, 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.
(21) Public Street means the paved and unpaved portion of any street, road, boulevard, drive, highway, freeway, parkway, lane, court, alley or other Public Right-of-Way in which the Village has an interest in law or equity and which has been acquired, established, dedicated, or devoted to street purposes.
(22) PUCO or Public Utilities Commission of Ohio means the State Administrative agency, or successor, authorized to regulate and oversee certain Public or Private Service providers and Services in the State of Ohio.
(23) Reconstruct, Reconstruction, etc. means substantial physical changeto all or a portion of an existing Facility or System involving Constructionin Public Streets, utility easements, or Public Right-of-Ways.
(24) Routine Maintenance means repair, upkeep, replacement, or restorationof existing Facilities located in the Public Right-of-Way that requires nomore than one (1) working day to complete, is not an Emergency and does not include Excavation of the Public Right-of Way.
(25) Service Provider means any Private Service Provider.
(26) Small Cell Facility means a Wireless Facility that meets both of the following requirements:
A. 1. Each Antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an Antennathat has exposed elements, the Antenna and all of itsexposed elements could fit within an enclosure of not more than six cubic feet in volume.
2. All other Wireless Equipment associated with the Facilityis cumulatively not more than twenty-eight cubic feet involume. The calculation of equipment volume shall not include electric meters, concealment elements, tele-communications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
(27) State means the State of Ohio.
(28) Village means the Village of Peninsula, Ohio
(29) Village Property means and includes all real property owned by the Village, other than Public Streets and public easements, and all property held in a proprietary capacity of the Village, which are not subject to Public Right-of-Way consent and requirements of this Chapter.
(30) Utility Pole means a structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications services.
(31) 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.
(32) Wireless Service means any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided using wireless facilities.
(33) Wireless Service Provider means a person who provides wireless service as defined in subsection (a)(19) of this section of the Village's Codified Ordinances.
(34) Wireless Support Structure means a pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or Utility Pole capable of supporting a Small Cell Facility. As used in this chapter, Wireless Support Structure excludes all of the following:
A. A utility pole or other facility owned or operated by a municipal electric utility; or
B. A utility pole or other facility used to supply traction power to public transit systems, including railways, trams, streetcars, and trolleybuses. (Ord. 25-2018. Passed 9-10-18.)