876.05.1 General. The Village of Yellow Springs desires to promote orderly small cell facility and wireless support structure installations using the smallest and least intrusive means available to provide services to the community. All such installations in the public right-of-way shall comply with all applicable provisions in this section. All applications shall be subject to the following conditions:
(a) Compliance with all Applicable Laws. Permittee shall at all times maintain compliance with all applicable Federal, State and local laws, regulations, ordinances, or other rules.
(b) Right to Inspect. The municipality or its designee may inspect a small cell facility or wireless support structure within the right-of-way upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The municipality reserves the right to support, repair, disable, or remove any elements of the small cell facility or wireless support structure in emergencies or when the small cell facility or wireless support structure threatens imminent harm to persons or property.
(c) Contact Information. Permittee shall at all times maintain accurate contact information for all parties responsible for the small cell facility or wireless support structure, which shall include a phone number, street mailing address, and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Public Works Department.
(d) Indemnities. The permittee and, if applicable, the non-government owner of a small cell facility or wireless support structure shall defend, indemnify, and hold harmless the municipality and its agents, officers, officials, and employees from:
(1) Any and all damages, liabilities, injuries, losses, costs, and expenses arising out of any claims, demands, lawsuits, writs of mandamus, or other actions or proceedings brought against the municipality to challenge, attack, seek to modify, set aside, void, or annul the municipality's approval of the applicable permit or certificate; and
(2) Any and all damages, liabilities, injuries, losses, costs, and expenses and any claims, demands, lawsuits, or other actions or proceedings of any kind, whether for personal injury, death, or property damage, arising out of or in connection with the activities or performance of the permittee or its agents, employees, licensees, contractors, subcontractors, or independent contractors.
(3) In the event the municipality becomes aware of any such actions or claims, the municipality shall promptly notify the permittee and shall reasonably cooperate in the defense. It is expressly agreed that the municipality shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the municipality's defense, and the permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the municipality in the course of the defense.
(e) Interference with City Communication Services. In the event that the municipality has reason to believe that permittee's operations are causing interference with the municipality's radio communications operations, then the permittee shall, at its cost, immediately cooperate with the municipality to either rule out permittee as the interference source or eliminate the interference. Cooperation with the municipality may include, but shall not be limited to, temporarily switching the equipment on and off for testing.
(f) Adverse Impact. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, or removal of the small cell facility or wireless support structure.
(g) Maintenance. The site and the small cell facility or wireless support structure, including but not limited to all landscaping, fencing, and related equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.
(h) Good Condition. Small cell facilities and wireless support structures shall at all times employ best practices and maintain in use only the best available technology and methods for preventing failures and accidents so that the same shall not menace or endanger the life or property of any person.
(i) Graffiti and Vandalism. Permittee shall remove any graffiti at permittee's sole expense.
(j) Exposure to RF Radiation. All small cell facilities must comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards.
(k) Utility Lines. Service lines must be undergrounded whenever feasible to avoid additional overhead lines.
(l) Relocation for Public Improvements. Permittee shall remove and relocate the permitted small cell facility and/or wireless support structure at permittee's sole expense to accommodate construction of a public improvement project by the municipality.
(m) Removal if Discontinued. In the event that the use of a small cell facility is discontinued, the owner shall provide written notice to the municipality of its intent to discontinue use and the date when the use shall be discontinued. If a small cell facility is not removed within ninety days of discontinued use, the municipality may remove it at the owner's expense irrespective of the notice requirement under this section.
(n) Abandoned. In the event that the use of a small cell facility is abandoned, the municipality may remove it at the owner's expense. Further, if the municipality believes a small cell facility is abandoned, it may require that the operator provide written notice within a reasonable time evidencing that the pole has not been abandoned.
(o) Site Restoration.
(1) Upon completion of the new work, the contractor shall restore the street and/or alley pavement as required;
(2) Upon completion of the new work, the contractor shall restore all concrete walks, driveway aprons, and other concrete as required;
(3) Upon completion of the new work, the contractor shall restore all tree lawns and/or sod strips with topsoil and sod.
(p) General Construction. All work and designs shall comply with the following general standards for construction in the municipality's right-of-way:
(1) Village of Yellow Springs Codified Ordinances;
(2) Ohio Department of Transportation (ODOT) Location and Design Manual;
(3) ODOT Standard Drawings;
(4) ODOT Construction and Material Specifications;
(5) Ohio Manual of Traffic Control Devices;
(6) American Association of State Highway Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets;
(7) AASHTO Roadside Design Guide;
(8) AASHTO Guide for the Planning, Design, and Operation of Pedestrian Facilities;
(9) AASHTO Guide for Development of Bicycle Facilities;
(10) United States Access Board (USAB) Proposed Guidelines for Pedestrians in the Public Right-of-Way;
(11) USAB American with Disabilities Act Accessibility Guidelines;
(12) National Fire Protection Association 70 National Electric Code; and
(13) All other applicable local, State, and Federal codes and regulations.
(q) Taxes and Assessments. To the extent taxes or other assessments are imposed by taxing authorities on the use of City property as a result of an applicant's use or occupation of the right-of-way, the applicant shall be responsible for payment of such taxes, payable annually unless otherwise required by the taxing authority.
(r) Interference. Small cell wireless and wireless support structures shall be constructed and maintained in such a manner that will not interfere with the use of other property.
(s) Financial Condition. All owners must have liability insurance, which names the municipality as an additional insured, in effect in such amounts and for such liability as the regulations require.
(t) Setbacks for Visibility and Access. Any new small cell facility or wireless support structure and other improvements associated with a new small cell facility or wireless support structure or an existing small cell facility or wireless support structure must be setback from intersections, alleys and driveways and placed in locations where it will not obstruct motorists' sightlines or pedestrian access.
(u) Obstructions. Any new small cell facility or wireless support structure and other improvements associated with a new small cell facility or wireless support structure or an existing small cell facility or wireless support structure shall not obstruct any:
(1) Worker access to any above-ground or underground infrastructure for traffic control, streetlight or public transportation, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors;
(2) Access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop (including, without limitation, bus stops, streetcar stops, and bike share stations);
(3) Worker access to above ground or underground infrastructure owned or operated by any public or private utility agency;
(4) Fire hydrant access;
(5) Access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the right-of-way; or
6) Access to any fire escape.
(v) Historic or Architecturally Significant Structures. Any new utility installation and other improvements associated with a new utility installation or an existing utility installation may not be placed directly in front of any historic or architecturally significant structures in prominent or highly visible locations.
(w) No placement of any small cell facility or wireless support structure shall necessitate tree trimming, cause removal of, or otherwise damage any tree located within the municipality's right-of-way or a designated utility easement. Such small cell facility or wireless support structure shall not be located within the eventual mature dripline or tree crown of any existing tree located within the municipality's right-of-way or a designated utility easement.
876.05.2 Design and Siting Requirements.
(a) General Requirements.
(1) Wireless support structures shall align with other poles to achieve a uniform inline appearance.
(2) Wireless support structures shall be setback from the edge of pavement according to applicable safety and construction standards as set forth in 876.05.1(p).
(3) All small cell facilities and wireless support structures and any related items shall be installed and maintained plumb and level and shall maintain an orderly and neat appearance.
(4) All equipment and enclosures shall be attached, anchored and/or strapped tightly to poles using corrosion resistant steel hardware.
(5) Wireless support structures shall support no more than two small cell facilities.
(6) Ambient noise suppression measures or placement of the equipment in locations less likely to impact adjacent properties shall be required to ensure compliance with all applicable noise regulations.
(7) Unless otherwise required for compliance with FAA or FCC regulations, the small cell facility or wireless support structure shall not include any permanently installed lights. Any lights associated with the equipment shall be appropriately shielded from public view. This shall not be interpreted to prohibit streetlights or the placement of luminaires by the municipality.
(b) Location.
(1) In accordance with R.C. § 4939.0314(D), Authority of a Municipal Corporation the municipality shall reserve the right to propose an alternate location to the proposed location of a new wireless support structure, provided the alternate location is within 100 feet or a distance equal to the width of the right-of-way in or on which the new wireless support structure is proposed, whichever is greater. The Village of Yellow Springs also finds that certain locations and collocation configurations are preferred. A preferred location and collocation configuration shall be utilized whenever possible and should only be surpassed if in the determination of the Village Manager or designee, clear and convincing evidence supports such a decision. Cost alone should not be grounds for such a determination. The order of preference is as follows:
A. First, small cell facilities should be collocated on an existing pole or wireless support structure within an alley. If no such pole or wireless support structure is available then proceed to the next preference;
B. Second small cell facilities should be collocated on an existing pole or wireless support structure within a utility easement. If no such pole or wireless support structure is available then proceed to the next preference;
C. Third, small cell facilities should be collocated on a new wireless support structure within an alley. If no such location is available then proceed to the next preference;
D. Fourth, small cell facilities should be collocated on a new wireless support structure within a utility easement. If no such location is available then proceed to the next preference;
E. Fifth, small cell facilities should be collocated on a wireless support structure currently supporting a small cell facility located within the municipality right-of-way. If no such wireless support structure is available then proceed to the next preference;
F. Sixth, small cell facilities should be collocated on an existing pole located within the municipality right-of-way. If no such existing pole is available then proceed to the next preference;
G. Seventh, small cell facilities should be collocated on a new wireless support structure located within the municipality right-of-way.
(2) Any new wireless support structure shall be located at least 1,230 feet from any existing small cell facility.
(3) Public utilities, cable operators, and operators shall comply with the undergrounding requirements set forth in Section 1021.041 of the Yellow Springs Code of Ordinances.
(c) Wireless Facilities Design.
(1) Wireless support structures shall be subject to the following design standards:
A. New wireless support structures shall be limited to forty feet in height;
B. Wireless support structures shall be capable of supporting at least two small cell facility operators;
C. As determined by the Village Manager or designee, wireless support structures design shall be consistent with the design features of nearby poles, including but not limited to consistent style, material, color, and the design features of the existing or proposed streetscape, district, or site and in furtherance of maintaining the historical context of a district or specific site understanding that in some instances, there is a desire to camouflage or conceal the pole from view.
(2) Small cell facilities shall be subject to the following design standards:
A. The municipality reserves the right to require the following:
1. Antenna and all associated equipment shall be concealed to the extent deemed necessary by the Village Manager or designee in response to the aesthetic context of the small cell facility. Some possible configurations include but shall not be limited to the following:
a. Antenna(s) associated with the first fitting on a wireless support structure shall be top-mounted and concealed within a radome that also conceals the cable connections, antenna mount and other hardware. The Village Manager or designee may approve a side-mounted antenna with the initial fitting if, in the Village Manager or designee's discretion, the side-mounted antenna would be a better match to the aesthetics and character of the immediate area and would promote the purposes of this chapter.
b. GPS antennas be placed within the radome or directly above the radome not to exceed six inches.
B. Each antenna and all associated equipment shall not exceed six cubic feet in volume.
C. All portions of a small cell facility other than an antenna and as identified by the R.C. § 4939.01(P)2, shall not exceed twenty-eight cubic feet in volume per facility.
D. Small cell facilities mounted to a wireless support structure shall be completely concealed within a common enclosure capable of containing at least two small cell facilities. Such common enclosures shall:
1. Not exceed twenty-one cubic feet in volume;
2. Not exceed ninety inches in height, twenty inches in width, or twenty inches in depth;
3. Not extend more than twenty-four inches away from the pole on which it is mounted;
4. Shall be centered on the vertical axis of the pole to which it is mounted;
5. Be mounted at a distance of at least ten feet measured from grade to the bottom of the enclosure; and
6. Be mounted on the side of the pole facing away from nearest traffic lane's direction of travel.
E. Such common enclosures shall have the following design elements:
1. Material. The enclosure material shall be metal, a composite, or an equivalent material as determined by the Village Manager or designee.
2. Color. The enclosure shall match the color of the pole on which it is mounted.
3. Style. The enclosure shall match the style of the pole on which it is mounted.
4. Coordinated design elements. Common enclosures shall match the material, color, and style of nearby existing common enclosures when:
a. Such enclosures are located within 5,000 feet of an existing common enclosure; and
b. Such enclosures are mounted on wireless support structures of a similar or matching design.
5. Exception. If the aesthetics and character of the immediate area would be better matched by an enclosure of a different material, color, style, or by deviating from the design of a nearby existing common enclosure as determined by the Village Manager or designee, then such design elements may be substituted with an alternate design element. Such determination shall be based on the following factors:
a. The design features of nearby poles serving in a similar capacity;
b. The design features of the existing or proposed streetscape, district, or site;
c. The historical context of a district or specific site; and
d. A desire to camouflage or conceal the enclosure from view.
F. All ground mounted equipment shall be placed in an underground vault. No above grade ground mounted equipment in service of a small cell facility is permitted unless the following conditions can be satisfied as determined by the Village Manager or designee:
1. The applicant has submitted clear and convincing evidence that the equipment cannot feasibly be pole-mounted, placed in an underground vault, or hidden within or integrated into an existing streetscape element (i.e. - bus stop shelter). Increased costs alone shall not be a consideration. If a ground mounted enclosure is approved, the Village Manager or designee shall reserve the right to require any of the following conditions:
a. Concealed enclosure. All equipment shall be completely concealed within a metal, composite, or equivalent material enclosure as determined by the Village Manager or designee.
b. Smallest size. The enclosure shall be no larger than necessary based on the smallest available size of the proposed equipment as determined by the Village Manager or designee.
c. Camouflage. Camouflaging elements may be required. Such elements may include, but shall not be limited to, public art displayed on the enclosure, strategic placement in less visible or obtrusive locations, placement within an existing streetscape element, landscape screening, and strategic painting or coating to camouflage such enclosure or equipment.
2. The maximum height of any such enclosure shall be thirty inches.
876.05.3 Reservation of Right-of-way. The municipality reserves the right to reserve space for future public safety or transportation uses in the right-of- way or on a wireless support structure or pole owned or operated by the municipality in a documented and approved plan in place at the time an application is filed. A reservation of space shall not preclude placement of a pole or collocation of a small cell facility. If replacement of the municipality's pole or wireless support structure is necessary to accommodate the collocation of the small cell facility and the future use, the small cell facility operator shall pay for the replacement of the pole or wireless support structure, and the replaced pole or wireless support structure must accommodate the future use.
(Ord. 2018-25. Passed 7-2-18.)