13-19 Amending Small Cell Wireless Communication Code

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Placed on first reading and referred to Public Works 05/06/19; 2nd reading 5/20/19 Anderson, Bullock, George, O'Leary, O'Malley, ORDINANCE NO. 13 -19 BY: Rader AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, amending Chapter 906, Use of Public Ways for Small Cell Wireless Facilities and Wireless Support Structures, of the Codified Ordinances of the City of Lakewood in order to reg- ulate small cell wireless facilities located in the right -of -way. WHEREAS, Substitute House Bill 478 (Sub. H.B. 478) took effect on August 1, 2018; and WHEREAS, Sub. H.B. 478 amended Ohio Revised Code Chapter 4939 with regard to the authority of municipalities to regulate the installation of small cell wireless facilities in the right - of -way, including on utility poles, traffic signals, and street lights, including municipally -owned facilities, and to construct, maintain, modify, operate, or replace wireless support structures in the right -of -way; and WHEREAS, Sub. H.B. 478 contained provisions addressing the fees that local govern- ments could charge to Facilities Operators for applications to install Small Cell Facilities in the public right -of -way and for attachment of Small Cell Facilities to municipally -owned wireless support structures, which fee amounts resulted from extensive discussions involving municipali- ties, the Ohio Municipal League, and wireless service providers including AT &T, Verizon Wire- less and Sprint, and many comments and suggestions from electric utilities, cable television pro- viders, and additional small cell facility owners and operators who supported the fee provisions as reasonable and acceptable; and WHEREAS, Sub H.B. 478 also revised ORC Chapter 4939 to authorize municipalities to adopt and enforce design guidelines applicable to small cell infrastructure deployment, provided that the guidelines must be reasonable, and written, and based upon objective criteria regarding (1) the location of ground- mounted small cell facilities; (2) the location of a small cell facility on a pole; (3) the appearance and concealment of small cell facilities, including those relating to mate- rials used for arranging, screening, or landscaping; and (4) the design and appearance of wireless support structures including height limitations otherwise consistent with the statute; and WHEREAS, this Council on July 16, 2018 adopted Ordinance No. 34 -18 creating a new Chapter 906 of the Codified Ordinance of the City of Lakewood to regulate the use and occupancy of the public rights- of-way within the City for small cell wireless facilities and support structures; and WHEREAS, on September 26, 2018, the Federal Communications Commission (FCC) adopted a Declaratory Ruling and Order known as the FCC "Small Cell Order," that limits and revises state and local authority to manage and regulate certain small cell wireless installations