(a) Upon grant of the Permit and in order to construct, operate and maintain a telecommunications system or utility in the City, the Permittee may enter into contracts with any public utility companies or any other owner or lessee of any poles or underground facilities located within or without the City; obtain right-of-way permits from appropriate City, State, County, and Federal officials necessary to cross or otherwise use highways, roads, watercourses or other environmentally-sensitive areas, under their respective jurisdiction, obtain permission from the Federal Aviation Administration to erect and maintain antennas; and obtain whatever other permits a City, County, State or Federal agency may require.
(b) In those areas of the City where telephone and electric services are provided by underground facilities, or are specified in applicable design guidelines that any new services shall be underground, all new facilities of a Permittee shall be placed underground. In all other areas, the Permittee, upon request by the City, shall use its Best Efforts to place facilities underground or on the ground, as opposed to above ground (i.e. on a pole). However, "Facilities" as used in the preceding sentence shall not include a Wireless facility, or equipment which is customarily placed on or above the ground in conjunction with underground transmission facilities (e.g. splice and terminal pedestals, equipment cabinets and transformers). Where not otherwise required to be placed underground by this Chapter, the Permittee's placement of such system shall be consistent with the Permittee's construction and operating standards and provided that the excess cost over the aerial location shall be borne by the property owner making the request. In no circumstance shall a new pole be located in any area of the City where it is not replacing an existing pole without written approval included in a permit, which approval shall not be unreasonably withheld.
(c) In accordance with R.C. § 4939.0314, the City Manager may adopt, implement, and amend from time to time reasonable written design guidelines with objective, technologically-feasible criteria that reasonably match the aesthetics and character of the immediate area, regarding:
(1) The location of any ground-mounted small cell facilities;
(2) The location of a small cell facility on a wireless support structure;
(3) The appearance and concealment of small cell facilities, including those relating to materials used for arranging, screening, or landscaping; and
(4) The design and appearance of a wireless support structure, including any height requirements adopted by the City.
(d) A Permittee shall use its Best Efforts not to locate any facilities under improved roadway surfaces (i.e. pavement). When a Permit has been granted that includes facilities under roadway surfaces, all wires, fiber, and cable to be installed under the roadway shall be installed in conduit.
(e) Permittee shall construct, install, operate and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements, and FCC technical standards, and those standards are incorporated by reference herein.
(f) The Permittee shall comply with the City's normal permitting process prior to commencing any work in the Rights-of-Way except for emergencies and otherwise as provided in this Chapter. No work in the Rights-of-Way shall be commenced until such time as any and all required permits, including a Right-of-Way Work Permit, have been issued by the City. The City shall not unreasonably withhold the granting of any permit.
(g) Any contractor proposed for work of construction, installation, operation, maintenance, and repair of system equipment must be properly licensed under laws of the State, and all local ordinances. The Contractor's or Permittee's system and associated equipment erected by the Permittee within the City shall be so located as to cause minimum interference with the proper use of streets, alleys, and other Rights-of-Way and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys or other Rights-of-Way and places. No pole or other fixtures placed in any Rights-of-Way by the Permittee shall be placed in such a manner as to interfere with normal travel on such Right-of-Way.
(h) The City does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. In Rights-of-Way, where necessary, the location shall be verified by excavation.
(i) Construction, installation, operation, and maintenance of the utility or telecommunications system shall be performed in an orderly and workmanlike manner. When consistent with the safety codes and standards set forth in this Chapter, all cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple configuration shall be arranged in parallel and bundled with due respect for engineering considerations.
(j) The Permittee shall at all times comply with applicable National Electrical Safety Code (National Bureau of Standards); applicable National Electrical Code (National Bureau of Fire Underwriters); applicable FCC or other Federal, State and local regulations; and standards as set forth in the Permit.
(k) In any event, the system shall not endanger or interfere with the safety of persons or property in the Permit area or other areas where the Permittee may have equipment located.
(l) All worker facilities, conditions, and procedures that are used during construction, installation, operation, and maintenance of the utility or telecommunications system shall comply with the applicable standards of the Federal Occupational Safety and Health Administration.
(Ord. 97-61. Passed 6-17-97; Ord. 2018-16. Passed 6-19-18.)