(a) Telecommunications and Utility, Wireless Facility, and Special Permits shall be granted, or renewed, to Persons based upon a determination by the City that the following criteria are met:
(1) The granting or renewal of the Permit will contribute to the public health, safety or welfare in the City;
(3) That the Applicant has and will continue to have liability insurance, which names the City as an additional insured, in effect in such amounts and for such liability as the City may require or be self-insured pursuant to the terms of this Chapter;
(4) That the Applicant is a proper Person to hold a Permit and will fulfill all its obligations hereunder;
(5) That the Applicant possesses sufficient financial and technical ability;
(6) That the application complies with applicable Federal, State and local telecommunications laws, rules and policies; and
(7) For Permit renewals, that the Rights-of-Way possess a continuing capacity to accommodate the Applicant's existing facilities; the Applicant's compliance with the requirements of this chapter and the Permit provisions; and such other factors as may demonstrate that the continued grant to use the Rights-of-Way will serve the community interest.
(b) The City reserves the right to deny an application if any one of the following conditions exist:
(1) The application does not comply with a provision of this Chapter or a provision of the City of Westerville Codified Ordinances;
(2) The applicant is not authorized to conduct business in the State of Ohio;
(3) The applicant is not current in its obligation to pay to the City fees or taxes imposed by this Chapter;
(4) The design or location is deemed unsafe or non-compliant in regards to transportation and engineering standards for construction within the Right-of-Way;
(5) The design is counter to the health, safety, and welfare of the City;
(6) The design or location is in conflict with current or proposed accessibility standards;
(7) The design does not meet standards related to electrical, structural, safety or construction best practices;
(8) The proposed design or location is in conflict with existing or already proposed infrastructure, facilities, and/or utilities.
(c) If multiple applications are received by the City to install two or more wireless support structures that would violate spacing requirements, or to collocate two or more small cell facilities on the same wireless support structure, the City shall process and render a decision in the order they are received. In the event that an application is received by the City to install a wireless support structure or small cell facility in a location in common with another application for a facility in the right-of-way, preference shall be granted in accordance with the priorities established in Section 901.01(d)(6).
(d) During the City's review, if an Applicant amends an Application to substantially modify the location, height, volume, or significant aesthetic appearance of a proposed facility or structure, the City Manager may determine that the pending Application has been withdrawn and a new Application has been resubmitted effective as of the date the amendments were received by the City.
(Ord. 97-61. Passed 6-17-97; Ord. 2012-25. Passed 7-2-12; Ord. 2018-16. Passed 6-19-18.)