949.02 APPLICABILITY.
Subject to the Ohio Revised Code, upon the completion of the application outlined in Section 949.03, and issuance of a work permit under this chapter, an Operator may collocate a small cell facility and/or construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the City public way. If consent for the work is required it will be granted by the issuance of a work permit.
(a) An Operator shall comply with the Design Guidelines and any other standards that are consistent with this chapter and adopted by the City for construction and public safety in the public way.
(b) All wireless support structures and small cell facilities shall be constructed and maintained so as not to impede or impair public safety or the legal use of the public way by the City, the traveling public, or other public utilities.
(c) A work permit is required for work in the public way including work that does not require the consent of the City of Wooster. Such work includes, but is not limited to, modifications, collocation of new transmission equipment, removal or replacement of transmission equipment, and routine maintenance.
(1) Exclusions.
A. Amateur radio facilities. This chapter shall not govern the installation of any amateur radio facility that is owned or operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
B. Certain over-the-air receiving devices (OTARD). This chapter shall not govern the installation of any OTARD antennas covered under FCC regulations codified in 47 C.F.R. §§1.4000 et seq., as may be amended or superseded. OTARD antennas include, without limitation, direct-to-home satellite dish antennas less than one meter in diameter, television antennas and wireless cable antennas.
C. Handsets and user equipment. This chapter shall not govern the use of personal wireless devices (e.g., cell phones) or other consumer-grade mobile user equipment used in the public way.
(2) The permitting procedures and authorizations set forth herein shall apply only to the placement of small cell facilities and wireless support structures in the public way, and do not authorize the construction and operation of a wireline backhaul facility, which continues to be governed by Chapter 901: Excavations and Curb Cuts.
(3) This chapter shall supersede all conflicting requirements of other titles and chapters of this Code regarding the locating and permitting of small cell facilities and wireless support structures in the public way.
(4) Nothing in this chapter precludes the City from applying its generally applicable health, safety, and welfare regulations when granting consent or issuing work permits for a small cell facility or wireless support structure.
(Ord. 2018-013. Passed 7-2-18.)