(a) The purpose of these supplemental provisions is to establish general procedures and standards, consistent with all applicable federal and state laws and local, for the siting, construction, installation, collocation, modification, operation, and removal of small cell facilities and wireless support structures in the right-of-way.
(b) The intent of these supplemental provisions is to:
(1) Establish basic criteria for applications to locate small cell facilities and wireless support structures in the right-of-way and authorize the Mayor or his or her Designee to develop, publish, and from time to time amend applications and other associated materials to provide clear guidance to applicants;
(2) Ensure that small cell facilities and wireless support structures are carefully designed, constructed, modified, maintained, and removed when no longer in use in conformance with all applicable health and safety regulations;
(3) Preserve the character of the City of Rocky River by minimizing the potentially adverse visual impact of small cell facilities and wireless support structures through careful design, siting, landscaping and camouflaging techniques to blend these facilities into their environment to the maximum extent practicable;
(4) Enhance the ability of wireless communications carriers to deploy small cell facilities and wireless support structures in the City quickly, effectively, and efficiently so that residents, businesses, and visitors benefit from ubiquitous and robust wireless service availability;
(5) Establish an application process and structure for payment of fees and charges to be uniformly applied to all applicants, operators and owners of small cell facilities and wireless support structures for such facilities;
(6) Comply with, and not conflict with or preempt, all applicable state and federal laws, including without limitation Section 101(a) and Section 704 of the Telecommunications Act, Pub. L. 104-104, 101 Stats. 56, 70 (Feb. 8, 1996) (codified as 47 U.S.C. §§ 253(a), 332(c)(7)), as may be amended or superseded, and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, Pub. L. 112-96, 126 Stat. 156 (Feb. 22, 2012) (codified as 47 U.S.C. § 1455(a)), as may be amended or superseded, and all FCC rules and regulations to interpret and implement applicable federal statutes.
(7) The Supplemental Provisions of Chapter 913 of these Codified Ordinances regarding Small Cell Facilities and Wireless Support Structures shall prevail in the case of any inconsistency with ORC Chapter 4939, to the extent permitted by law. If these Supplemental Provisions of Chapter 913 are silent on any provision of ORC Chapter 4939, then the provisions of ORC Chapter 4939 shall prevail.
(Ord. 46-18. Passed 7-23-18.)