(a) Anyone seeking to site small cell facilities in the right-of-way shall first duly file a written application with the City for a Non-Residential Right-of-Way, and for Small Cell Right-of-Way Permits, in accordance with the requirements in this Section and additional requirements set forth in the Design Guidelines, as modified from time to time by the Mayor or his or her Designee.
(b) General Requirements. The following requirements shall apply to all small cell facilities and wireless support structures proposed within the right-of-way.
(1) No person shall occupy or use the right-of-way except in accordance with law.
(2) In occupying or using the right-of-way, no person shall unreasonably compromise the public health, safety, and welfare.
(3) No person shall occupy or use the right-of-way without first obtaining, under this Section or 4939.031 of the Ohio Revised Code, any requisite consent of the City.
(c) Pre-Application Conference.
(1) Purpose. Applicants are strongly encouraged to contact the City and request a pre-application conference. This meeting will provide an opportunity for early coordination regarding proposed small cell facilities and wireless support structure locations, design, and the application submittal, and the approval process in order to avoid any potential delays in the processing of an application and deployment of small cell facilities and wireless support structures in the City.
(2) Appointment Required. An appointment is required for all pre-application conferences. Applicants must contact the designated City staff member as noted on the application form, who will provide applicants an appointment with all applicable City representatives in a timely manner.
(d) Categories of Applications. In accordance with federal and state law, rule and regulation the City shall classify every application to locate small cell facilities in the right-of-way as one of the following types:
(1) Eligible Facilities Request (Type I):
A. Involves collocation, replacement, modification, or removal of small cell facilities on an existing publicly owned wireless support structure; and
B. Does not substantially change the physical dimensions of the existing wireless support structure.
(2) Collocation with Substantial Modifications (Type II):
A. Involves collocation, replacement or modification of small cell facilities on an existing publicly owned wireless support structure; and
B. Substantially changes the physical dimensions of the existing publicly owned wireless support structure.
(3) Wireless Support Structure (Type III):
A. Involves the construction, modification, or replacement of a wireless support structure owned or operation by a wireless provider associated with a small cell facility within the right-of-way.
(4) Wireless Support Structure Removal (Non-Residential Right-of-Way Permit):
A. Involves the removal of a wireless support structure and associated small cell facilities from within the right-of-way owned or previously operated by a wireless provider.
(e) Required Application Materials. Unless otherwise required by state or federal law, all applicants shall submit to the City the following materials and information associated with each application type in order for the application to be considered complete:
(1) Completed application form and fee as specified on the application.
(2) A scaled and dimensioned site plan [not smaller than one (1) inch equals fifty (50) feet] clearly indicating the following:
A. Proposed location within the right-of-way including nearest cross street intersection(s);
B. For adjacent parcel(s) perpendicular to the proposed small cell facility location, property ownership, including current ownership;
C. All existing conditions within 300 feet of the proposed location, including but not limited to, buildings, utilities within the right-of-way and associated above grade structures, location of electric service and fiber optic cable, all other underground and overhead utilities, small cell structures and facilities, sidewalks/shared-use paths, back of adjacent curb/edge of pavement, driveways and street trees.
D. Dimensions shall be provided from the proposed small cell facility to existing wireless support structures and equipment, utility structures, back of curb/edges of pavement including driveways and sidewalks.
E. Dimensions shall be provided between proposed wireless support structures and associated ground mounted equipment.
F. Scaled and dimensioned elevations/profiles and sections [not smaller than one (1) inch equals five (5) feet] of existing wireless support structures and/or new wireless support structures clearly indicating the following, as applicable:
(i) Height from established grade at the base of the wireless support structure to the highest point of the wireless support structure and the height to the highest point of proposed antenna or antenna enclosures, as applicable (overall height).
(ii) Height from established grade at the base of the wireless support structure to the lowest point of all proposed small cell equipment to be installed on the wireless support structure
(iii) The distance from the outer edge of the wireless support structure parallel to the outer edge of all equipment associated with the small cell facility to be installed on the support structure.
G. Scaled and dimensioned details of proposed small cell facilities, including elevations/profiles, plans and sections [not smaller than one (1) inch equals five (5) feet] clearly indicating the following, as applicable:
(i) Height, width, depth and volume in cubic feet of all proposed antenna and exposed elements and/or proposed antenna enclosures.
(ii) Height, width, depth and volume of all other wireless equipment associated with the facility, with all electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services clearly labeled.
(iii) Method of installation/connection to pole or ground, as applicable.
(iv) Color specifications for all small cell support structures and associated exposed equipment, cabinets and concealment elements.
(v) Electrical plans and wiring diagrams.
(vi) Footing and foundation drawings and structural analysis sealed and signed by a professional engineer in the State of Ohio.
H. Manufacturer's specification sheets for all small cell facility equipment proposed, including poles, equipment cabinets, shrouds, or concealment devices, antennas, meters, radios, switches, telecommunications demarcation boxes, and grounding equipment.
(i) Scaled and dimensioned landscape plans associated with required screening of ground mounted small cell equipment (where applicable), including a planting plan with proposed plant species, quantities, spacing, height at installation, and planting details.
(f) Required Application Materials for Small Cell Facilities Removal.
(1) For applications involving the removal of small cell facilities under an Eligible Facilities Request, the following materials and information shall be provided:
A. Completed application form and fee as specified on the application.
B. A scaled and dimensioned site plan [not smaller than one (1) inch equals twenty (20) feet] clearly indicating the following:
(i) Proposed location within the right-of-way including nearest cross street intersection;
(ii) Adjacent parcel(s) perpendicular to the existing small cell facility location property ownership, including current ownership.
C. All existing conditions within fifty (50) feet of the existing small cell facilities locations to be removed, including but not limited to, buildings, utilities within the right-of-way and associated above grade structures, location of electric service and fiber optic cable, all other underground and overhead utilities, small cell structures and facilities, sidewalks/shared-use paths, back of adjacent curb/edge of pavement, driveways, street trees and plant material.
D. Scaled and dimensioned site and/or structure remediation details in accordance with Small Cell Design Guidelines requirements [not smaller than one (1) inch equals four (4) feet] clearly indicating the following:
(i) Proposed remediation plan for modifications made to City-owned wireless support structures and other areas of the right-of-way associated with collocation of small cell wireless facilities and ground mounted equipment after the removal of these facilities.
(ii) Proposed restoration of electric and fiber optic connections after removal of small cell facilities, as applicable.
(g) Required Application Materials for Wireless Support Structure Removal. For applications involving the removal of a wireless support structure installed in association with a small cell facility, the following materials and information must be provided:
(1) Non-Residential Right-of-Way Permit application and fee as specified in these Supplemental provisions.
(Ord. 46-18. Passed 7-23-18.)