13-19 Amending Small Cell Wireless Communication Code

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(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 terms. (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 Support 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 backhaul 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 Equipment 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. 906.10 ANNUAL REGISTRATION. Facilities Operators shall comply with the annual registration requirements set forth in Section 904.03. 906.11 NONCONFORMING FACILITIES. (a) Facilities in the Right -of -Way that are legally in existence on the date of the adoption of this chapter but that do not comply with the requirements of this chapter may remain in the Right -of -Way but shall be considered a nonconforming facility. (b) Any person or entity who owns or operates a Nonconforming Facility shall register such facility pursuant to Chapter 904 within 90 days of the date this ordi- nance takes effect. (c) If a nonconforming facility is damaged or destroyed beyond repair, any replacement facility must be designed in accordance with all provisions of this chapter, the Design Guidelines established and promulgated by the Director, and state and federal law and regulations. 906.12 ABANDONED AND DAMAGED FACILITIES (a) A Facilities Operator shall provide written notice to the City of its intent to discontinue use of any Facilities. The notice shall include the date the use will be discontinued. If Facilities are not removed within 365 days from the date the use