13-19 Amending Small Cell Wireless Communication Code

Home Browse Search

within public rights -of -way nationwide, including local fees associated with such management and regulation, as well as the extent to which such regulations may deal with local aesthetic concerns, and preempts inconsistent state and local regulations; and WHEREAS, the FCC in December 2018 denied local government -filed motions to stay the effective date of the Small Cell Order, which has been challenged in Court, such that the Order took effect on January 14, 2019; and WHEREAS, this Council desires to amend its regulations applying to small cell facilities, new wireless support structures, and the persons and entities who desire to construct, operate, and maintain such facilities in the City, found in Chapter 906 of the Code, Use of Public Ways for Small Cell Wireless Facilities and Wireless Support Structures, to lawfully exercise municipal authority on this subject in a manner that is consistent with Ohio Revised Code Chapter 4939 and the FCC's Small Cell Order; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lake- wood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately after its adoption by Council and approval by the Mayor because of the timing of the effectiveness of Sub. H.B. 478-and the FCC's Small Cell Order; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Chapter 906, Use of Public Ways for Small Cell Wireless Facilities and Wireless Support Structures, of the Codified Ordinances of the City of Lakewood, currently reading as fol- lows: CHAPTER 906 Use of Public Ways for Small Cell Wireless Facilities and Wireless Support Structures 906.01 Overview and Purpose; Definitions. 906.02 Consent Required. 906.03 Permit Application Types. 906.04 Consolidated Consent Applications. 906.05 Application Fee. 906.06 Attachment Fee. 906.07 Required Application Materials. 906.08 Application Review. 906.09 Permitting Process, Duration, and Termination. 906.10 Annual Registration. 906.11 Nonconforming Facilities.