(a) Consent Required to Occupy Public Right-of-Way. No Person shall Collocate a Small Cell Facility or construct, maintain, modify, operate, or replace a Wireless Support Structure in the Public Right-of-Way without obtaining prior consent from the Village to do so.
(b) Initial Consent Presumed.
(1) A person with a Small Cell Facility on a Wireless Support Structure in the Public Right-of-Way on the effective date of this Chapter, who lawfully occupies the Public Right-of-Way on the effective date of this Chapter, shall be presumed to have initial consent of the Village for its existing Small Cell Facility and Wireless Support Structure to Occupy or use the Public Right-of-Way.
(2) Initial presumed consent for Occupancy or use of the Public Right-of-Way is limited to the existing Small Cell Facility and Wireless Support Structure.
(3) A Person with initial presumed consent is not relieved from compliancewith this Chapter with respect to the ongoing Occupancy or Use of thePublic Right-of-Way including, but not limited to, the Insurance and Indemnity requirements set forth in Sections 911.02(e) and (f) of this Chapter.
(c) Application for Consent to Occupy or Use Public Right-of-Way.
(1) The following Persons shall apply to the Village for consent to Occupy or use the Public Right-of-Way in accordance with the requirements of this Chapter, Ohio Revised Code Chapter 4939, and all applicable state and federal law and regulations on a form provided by the Village.
Any Person who:
A. Does not currently have an existing Small Cell Facility on a Wireless Support Structure in the Village's Public Right-of-Way and desires to Construct a new Small Cell Facility on a Wireless Support Structure in the Public Right-of-Way; or
B. Has initial presumed consent or Village Consent to Occupy or Use the Public Right-of-Way for an existing Small Cell Facility on a Wireless Support Structure but is planning:
(i) a Capital Improvement or Reconstruction of an existing Small Cell Facility on a Wireless Support Structure; or
(ii) to Construct an additional Small Cell Facility on a Wireless Support Structure anywhere in the Village.
(2) Applicants are strongly encouraged to contact the Zoning Officer to request a pre-application conference. That conference will provide an opportunity for early coordination regarding proposed Facilities, locations, design, application submittal, and the approval process in order to avoid any potential delays in the processing and approval of applications. The application for Consent to Occupy or Use the Public Right-of-Way shall include the following information with respect to the applicant's or Service Provider's planned or existing Small Cell Facility on a Wireless Support Structure in the Public Right-of-Way, as well as plans for any planned Capital Improvements or Reconstruction:
A. The identity, legal status, and federal tax identification number of the applicant, including all Affiliates of the applicant or Service Provider in the State of Ohio that will Use or Occupy the Public Right-of-Way or are in any way responsible for the Small Cell Facility and Wireless Support Structure in the Public Right-of-Way.
B. The name, address, and telephone number of the local officer, Agent, or employee responsible for the accuracy of the application or initial registration and available at all reasonable times to be notified in case of emergency.
C. A description of the existing or proposed Small Cell Facility and Wireless Support Structure in the Village's Public Right-of-Way, including but not limited to, engineering plans, specifications, or a map, all in sufficient detail to identify:
(i) The location of the applicant's Small Cell Facility and Wireless Support Structure or proposed Small Cell Facility and Wireless Support Structure.
(ii) The location of all existing Overhead and/or undergroundFacilities, Facility, Small Cell Facilities, or Wireless Support Structures in the Public Right-of- Way in the area of the applicant's or Service Provider's Small Cell Facility and Wireless Support Structure or proposed Small Cell Facility and Wireless Support Structure that is sufficient to show the impact of the applicant's Small Cell Facility and Wireless Support Structure on other existing Facilities, Facility, or Small Cell Facility and Wireless Support Structure.
(iii) The location of all overhead and underground utilityeasements.
(iv) Soil Issues (a soil boring with associated testing shall be obtained in the area of any new proposed tower or pole to determine the soil bearing capacity of the soil in order to design the depth of the tower or pole foundation).
D. A preliminary Construction schedule and completion date for all planned Capital Improvements.
E. Evidence that the applicant or Service Provider has complied, or will comply, with indemnification and insurance requirements of this Chapter.
F. Information sufficient to determine that the applicant or ServiceProvider has received any certificate of authority required by the PUCO.
G. A description of the construction methods to be employed for theprotection of existing structures, fixtures, and Facilities in oradjacent to the Public Right-of-Way.
H. A description of the structures, improvements, and obstructions, if any, the applicant proposes to temporarily or permanently remove or relocate.
I. A description of the impact of Construction, Reconstruction, installation, maintenance, or repair of a Small Cell Facility and Wireless Support Structure on trees in or adjacent to the Public Right-of-Way, together with a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or areas disturbed during Construction.
J. All applications shall be accompanied by the certification of aState of Ohio registered professional engineer that the drawings, plans, and specifications submitted with the application comply withthe applicable technical codes, rules, and regulations.
K. All applications which involve a Lane Obstruction or work on, in, under, across, or along any Right-of-Way shall be accompanied by a traffic control plan demonstrating the protective measures anddevices that will be employed, consistent with the Ohio Department of Transportation's Uniform Manual of Traffic Control Devices and other applicable ODOT regulations, to prevent injury or damage to Persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. The Village may require theService Provider to use and employ the Village Police Department for Traffic Control.
L. Such other and further information as may reasonably be requested by the Village.
(3) The Village, by and through its Planning Commission, shall grant or deny, in writing, a Person's application for consent to Occupy or Use the Public Right-of-Way within ninety (90) days of the date on which the Person filed the application and all necessary information with the Village.
A. The Village may withhold, deny, or delay its consent to a Person's application to Occupy or Use the Public Right-of-Way basedon the health, safety, and welfare of the Village and in accordance with Village Ordinances and Ohio law. These reasons may include, but not be limited to, those criteria set forth in Section 911.02(d)of this Chapter.
B. If the Village denies a Person's application to Occupy or Usethe Public Right-of-Way, the Village shall provide its reasons inwriting for denying the application and shall provide any information that the Person may reasonably request necessary for the Person to obtain the Village's consent to Occupy or Use the Public Right-of-Way.
(4) The Village's grant of consent for a Person to Occupy or Use the Public Right-of-Way shall be in the form of a Right-of-Way Occupancy certificate which shall set forth the specific terms of the Village's consent for such Person to Occupy or Use the Public Right-of-Way.
(5) Application Fee; Attachment Fee. Each Person submitting an application for Consent to Occupy or Use the Public Right-of-Way shall pay a fee in the amount of two hundred fifty dollars ($250.00) per site to reimburse the Village for its administrative costs. The fee shall be adjusted upward by ten percent (10%) every five (5) years, rounded to the nearest five dollars ($5.00), beginning in 2023. An application shall not be deemed complete until the fee is paid. In addition to the application fee, an annual fee shall be paid the Village for each Small Cell Facility attached to a municipally- owned Wireless Support Structure in the amount of two hundred dollars ($200.00). The attachment fee is adjusted upward by ten percent (10%) every five years, rounded to the nearest five dollars ($5.00), beginning in 2013. The first year attachment fee shall be paid when the collocation is complete, and attachment fees for subsequent years shall be paid no later than January 1 of each year thereafter. The first year attachment fee shall not be prorated, regardless of the date that the collocation is completed.
(6) Pursuant to Ohio Revised Code Section 4939.0312, a Person seeking to Construct, modify, Collocate, or replace more than one (1) Small Cell Facility or one (1) Wireless Support Structure may file a consolidated application for consent to occupy or use the Public Right-of-Way for up to fifteen (15) Small Cell Facilities in a single application or up to fifteen (15) Wireless Support Structure requests in a single application. Said single application may only address multiple Small Cell Facilities or multiple Wireless Support Structures if they each involve substantially the same type of Small Cell Facilities or substantially the same type of Wireless Support Structures. Small Cell Facilities shall be considered substantially the same type of Facility when the Small Cell equipment is identical in type, size, appearance, and function. 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. Applications for Small Cell Facilities and Wireless Support Structures cannot be comingled. The Village may, at its discretion, separately address applications for Small Cell Facilities or Wireless Support Structures that are not substantially similar, for which incomplete information has been received, or which are denied. In the case of a single application, each Small Cell Facility or Wireless Support Structure proposed to be Constructed, modified, Collocated on, or replaced shall constitute a separate request for Consent to Occupy or use the Public Right-of-Way for purposes of tolling the response deadline set forth in this Chapter.
(7) The time periods set forth herein may be tolled:
A. By mutual agreement between the Person requesting consentand the Village; or
B. Where the Village determines that the application is incomplete; or
C. By the Village in the event it receives applications for at least fifteen (15) Small Cell Facilities or Wireless Support Structures contained in pending requests, in which case the Village may toll the ninety day period for up to twenty-one days.
(8) To toll the time period for incompleteness, the Village shall providewritten notice to the Person requesting consent not later than thirty (30) days after receiving the request, clearly and specifically delineating all missing documents or information.
(9) The time period resumes running again when the Person makes a supplemental submission in response to the Village's notice of incompleteness.
(10) If a supplemental submission is inadequate, the Village shall notifythe Person not later than ten (10) days after receiving the supplemental submission that the supplemental submission did not provide the information identified in the original notice delineating missing documents or information. The time period may be tolled in the case of second or subsequent notices under the procedures identified in subsections (7)A. to C. of this Section.
(d) Small Cell Facility in Public Right-of-Way. No Person shall occupy or use the Public Right-of-Way as a Small Cell Facility and Wireless Support Structure without first obtaining the approval of the proposed improvements by the Planning Commission. The Person proposing the improvements shall deliver to the Planning Commission eight (8) sets of the plans and specifications including all necessary details, profiles, and cross-sections for each proposed improvement. The Planning Commission shall approve or disapprove of such proposed improvements based on the following standards:
(1) Compliance with all Village codes and laws and other governmental laws where required;
(2) The recommendation of all administrative departments in regard tothe improvements.
(3) The effect of the proposed improvements on the right-of-way and in relation to all other improvements already installed or approved;
(4) The proposed location of the improvements in regard to such itemsas sight lines, drainage, safety, and visual interference;
(5) The size, bulk, and location of the improvements in relation to obtaining proper light, air, privacy, usable open space, and compatibility with surrounding uses;
(6) The proper screening or placement of the improvements to minimizethe negative effects of the improvements of the right-of-way or adjoining uses; and
(7) Compliance with the United States Department of Transportation Manual or Uniform Traffic Control Devices (MUTCD) and Ohio Department of Transportation Ohio Manual of Uniform Traffic Control Devices (OMUTCD).
(e) Service Provider Insurance. As a condition of the consent to Occupy or Use the Public Right-of-Way, a Service Provider must secure and maintain, at a minimum, the following liability insurance policies insuring both the Service provider and the Village as additional insured:
(1) Comprehensive general liability insurance with limits not less than
A. Five million dollars ($5,000,000.00), for bodily injury or death to each Person;
B. Five million dollars ($5,000,000.00) for property damage resulting from any one accident; and
C. Five million dollars ($5,000,000.00) for all other types of liability.
(2) The liability insurance policies required by this Section shall be maintained by the Service Provider throughout the period of time duringwhich the Service Provider is Occupying or Using the Public Right-of-Way or is engaged in the removal of its Facilities. Each such insurancepolicy shall contain the following endorsement:
"It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until ninety (90) days after receipt by the Village of a written notice addressed to the Zoning Officer of such intent to cancel or not to renew."
(3) Within sixty (60) days after receipt by the Village of said notice, and in no event later than thirty (30) days prior to said cancellation, the Service Provider shall obtain and furnish to the Village replacement insurance policies meeting the requirements of this Section.
(4) All insurance policies required herein shall be written with an insurancecompany authorized to do business in the State of Ohio in relation tothe specific type of insurance required.
(5) Upon written application to, and written approval by, the Village's Fiscal Officer, a Service Provider may be self-insured to provide all of the same coverages as listed in this Section. As part of the review process, the Fiscal Officer may require, and the self-insurance applicant shall provide, any and all financial documents necessary to make a valid determination of the applicant's ability to meet the needs of this Chapter.
(f) General Indemnification. Each Service Provider shall protect, defend, indemnify, and hold the Village and its elected and appointed officials, officers, employees, agents, representatives, and volunteers harmless from and against any and all claims, lawsuits, judgments, costs, damages, liens, losses, and expenses, including reasonable attorney fees and costs of suit or defense, arising out of, resulting from, or alleged to arise out of or result from the negligent, careless, or wrongful acts, omissions, failures to act, or misconduct of the Service Provider or its Affiliates, officers, employees, agents, contractors, or subcontractors in the design, Construction, Reconstruction, installation, operation, maintenance, repair, or removal of its Small Cell Facility and Wireless Support Structure, and in providing and offering Services over the Small Cell Facility and Wireless Support Structure, whether such acts or omissions are authorized, allowed, or prohibited by this Chapter.
(g) Financial Surety.
(1) Each Service Provider owning or operating a Facility must procure and provide to the Village a bond, escrow, deposit, letter of credit, or other financial surety to ensure compliance with this Chapter and Ohio Revised Code Chapter 4939. The financial surety must also be in an amount sufficient to cover the cost of removal, as established by the Mayor, of all Facilities owned or operated by that Service Provider.
(2) The Village may, at its discretion, draw on the financial surety to remove abandoned Facilities, remove or repair damaged Facilities, or repair damage to any Village property caused by the owner or operator of the Facility, its agent, or the Facility itself. In such event, the owner or operator shall cause the financial surety to be replenished to its prior amount within ten (10) business days after the Village notifies the owner or operator that it has drawn on the financial surety.
(Ord. 25-2018. Passed 9-10-18.)