13-19 Amending Small Cell Wireless Communication Code

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(16) "Wireless Support Structure" means a pole, such as a monopole, either guyed or self - supporting, street light pole, traffic signal pole, a fifteen -foot or taller sign pole, or utility pole capable of supporting Small Cell Facilities. As used in this chapter, "Wireless Support Structure" excludes all of the following: (i) A utility pole or other facility owned or operated by a municipal electric utility; and (ii) A utility pole or other facility used to supply traction power to public transit systems, including railways, trams, streetcars, and trolleybuses. 906.02 CONSENT REQUIRED. (a) Any person or entity seeking to Collocate a Small Cell Facility in the Right - of -Way, or to construct, maintain, modify, operate, or replace a Wireless Support Structure in the Right -of -Way, shall first file a written Application for a Small Cell Use Permit with the Director in accordance with the requirements in this chapter, Design Guidelines established and promulgated by the Director, O.R.C. Chapter 4939, and all applicable state and federal laws and regulations. (b) Applicants are strongly encouraged to contact the Director and request a pre- Application conference. This meeting will provide an opportunity for early coordination regarding proposed Facilities, locations, design, Application submit- tal, and the approval process in order to avoid any potential delays in the pro- cessing of an Application and deployment of Facilities in the City. (c) A Small Cell Use Permit granted under this chapter shall not convey any right, title or interest in the Right -of -Way, but shall be deemed a permit only to use and occupy the Public Ways for the limited purposes and term stated in the permit, this chapter, and the Design Guidelines established and promulgated by the Director. Further, no Small Cell Use Permit shall be construed as any warranty of title. 906.03 PERMIT APPLICATION TYPES. Applicants shall classify their Application as one of the following types: (a) Type 1: Eligible Facilities Requests. (b) Type 2: Application for Collocation of Small Cell Equipment on a Wireless Support Structure that does not constitute an Eligible Facilities Request. (c) Type 3: New Wireless Support Structure. Such applications will address construction, modification, replacement, or removal of a Wireless Support Struc- ture within the Right -of -Way. At the time of Application, Applicants shall certify that Small Cell Equipment will be placed on the Wireless Support Structure within 180 days from the date the Small Cell Use Permit is issued. 906.04 CONSOLIDATED CONSENT APPLICATIONS. (a) Pursuant to O.R.C. Section 4939.0312, an Applicant may file one consoli- dated application for up to 30 individual small cell Facilities or 30 individual Wireless Support Structures as long as the facilities or structures for which con- sent is requested are substantially similar. (1) Small Cell Facilities shall be considered substantially similar when the Small Cell Equipment is identical in type, size, appearance and function. (2) Wireless Support Structures shall be considered substantially similar when the Wireless Support Structures are identical in type, size, appearance and func- tion and are to be located in a similar location. (3) Applications for Facilities and Wireless Support Structures cannot be com- mingled. (b) The City may, at its discretion, require separate Applications for any Small Cell Facilities or Wireless Support Structures that are not substantially similar. 906.05 APPLICATION FEE.