34-18 Enact Chp 906 Use of Public Ways for Small Cell Wireless Facilities...

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(d) If two Applicants request to Collocate on the same Wireless Support Structure or two Wireless Support Structures are proposed within a distance that would violate the spacing requirements set forth in Section 906.16, then the Di- rector may resolve the conflict in any reasonable and nondiscriminatory manner. (e) If a request for consent is denied, the City shall provide, in writing, its reasons for denying the request, supported by substantial, competent evidence. The denial of consent shall not unreasonably discriminate against the Applicant. Grounds for denying an Application may include, but are not limited to: (1) Failure to provide information required under Section 906.07; (2) Failure to comply with Design Guidelines established and promulgated by the Director; (3) Failure to provide financial surety pursuant to Section 906.15; (4) Failure to remove abandoned Facilities as required under Section 906.12; (5) Conflict with the historic nature or character of the surrounding area; (6) Conflict with planned future improvements in the Right -of -Way; and (7) Failure to comply with generally applicable health, safety, and welfare re- quirements. 906.09 PERMITTING PROCESS, DURATION, AND TERMINATION, (a) Upon approval of its Application, an Applicant shall receive a Small Cell Use Permit indicating that the City has granted the Applicant consent to occupy the Right -of -Way. (b) A Small Cell Use Permit issued to an Operator shall have duration of no longer than 10 years. Permits may be renewed for five -year terns. (c) A Small Cell Use Permit issued to a Facilities Operator who is not an Op- erator shall have a term of 10 years or the duration of the Facilities Operator's agreement with a wireless service provider provided pursuant to Section 906.06(k), whichever is shorter. (d) A Small Cell Use Permit shall not be renewed if the Facilities Operator or the Facilities are not in compliance with all applicable laws and regulations. (e) Pursuant to O.R.C. Section 4939.0314(E), a Small Cell Use Permit shall be deemed terminated if the Facilities Operator has not completed construction of the Facilities or has failed to attach Small Cell Equipment to a Wireless Sup- port Structure within 180 days of issuance of the permit, unless the delay is caused by: (1) Make -ready work for a municipally -owned Wireless Support Structure; or (2) Due to the lack of commercial power or backhaul availability at the site, provided that the Operator has made a request for commercial power or back - haul services within 60 days after the Small Cell Use Permit was granted. If the additional time to complete the installation exceeds 360 days after the issuance of the permit, then the permit shall be deemed terminated regardless of the cause of the delay. (f) A Small Cell Use Permit for a new Wireless Support Structure shall be deemed terminated if the Facilities Operator fails to attach Small Cell Equip- ment to the new Wireless Support Structure within 180 days of issuance of the Small Cell Use Permit. (g) If the Facilities Operator fails to remit the annual attachment fee required pursuant to Section 906.06, then the Small Cell Use Permit will expire on the 90th day from the date the annual attachment fee was due. (h) A Small Cell Use Permit may be terminated by the Facilities Operator at any time upon service of 60 days' written notice to the City. (i) Upon termination of a Small Cell Use Permit, the Facilities Operator shall restore and rehabilitate all City -owned Wireless Support Structures and the Right -of -Way to their former condition and utility. 0) The City shall not issue any refunds for any amounts paid by the Facilities Operator upon termination of the permit.