955.02  GENERAL REQUIREMENTS.
   (a)   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 chapter, Chapter 949, or section 1332.24 or 4939.031 of the Ohio Revised Code, any requisite consent of the City. Before placing Small Cell Facilities or Wireless Support Structures in the Right of Way, an Operator must apply for and receive a general right of way permit under Chapter 949. If the Operator's activities in the Right of Way will consist solely of Collocating Small Cell Facilities, constructing, modifying, or replacing new Wireless Support Structures and associated Small Cell Facilities, removing such facilities, or eligible facilities requests as defined by the Federal Communications Commission, then the Operator shall not be required to pay the annual fee for holders of a right of way permit provided in Chapter 949. This provision shall not be construed to waive application fees or any other construction or work permit necessary for work in the City.
   (b)   The permitting procedures and authorizations set forth herein in this chapter shall apply only to Small Cell Facilities and Wireless Support Structures in the Right of Way, and do not authorize the construction and operation of a Wireline Backhaul Facility, which continues to be governed by Chapter 949.
   (c)   Nothing in this chapter precludes the City from applying its generally applicable health, safety, and welfare regulations when granting consent for a Small Cell Facility or Wireless Support Structure in the City's Right of Way.
(Ord. 38-2018.  Passed 7-16-18.)