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CITY OF NORTH OLMSTED, OHIO
<br />ORDINANCE NO. 2018 - 57
<br />BY: Mayor Kennedy
<br />AN ORDINANCE TO ESTABLISH NEW CHAPTER 904, ENTITLED
<br />"SMALL CELL FACILITIES AND WIRELESS SUPPORT STRUCTURES
<br />WITHIN THE RIGHT-OF-WAY", IN ORDER TO REGULATE SMALL
<br />CELL TECHNOLOGIES, AND DECLARING AN EMERGENCY.
<br />WHEREAS, this Council, by and through Ordinance No. 2007-124, adopted and
<br />established regulations for the use of the Public Right -of -Way through Chapter 902 entitled "Use
<br />of Public Right -of -Way by Service Providers and Contractors Performing Work on Service
<br />Provider Facilities" of Part Nine, "Streets, Utilities and Public Services Code", of the Codified
<br />Ordinances of the City; and
<br />WHEREAS, the State of Ohio enacted SB 331, effective March 21, 2017, which
<br />mandated, among other provisions, that the City consent to and permit the installation of micro
<br />wireless facilities ("wireless support structures aka small cells") by utility and other service
<br />providers, to be attached support structures owned by the City in the public rights-of-way (i.e.
<br />traffic control masts), but implementation of SB 331 was delayed by several lawsuits filed by the
<br />cities of Cleveland, Columbus, Cincinnati, Toledo and a host of additional municipalities, with
<br />mixed results in the Courts; and
<br />WHEREAS, the Ohio General Assembly has, in response to litigation and in an effort to
<br />address municipal concerns, introduced and passed Substitute HB 478, enacted April 11, 2018,
<br />which steadfastly maintains the State of Ohio's mandate that the City must consent to and permit
<br />the installation of small cells upon City owned traffic control masts, but otherwise recognizes
<br />and presumes to enable municipal control over some financial and aesthetic considerations, and
<br />thereby purports to allow the City to enact reasonable, nondiscriminatory regulations governing
<br />design guidelines, separation requirements, and other local controls; and
<br />WHEREAS, upon the advice and recommendations of the Directors of Public Service,
<br />Planning and Law, together with the City Engineer, this Council finds it necessary to enact and
<br />establish new Chapter 904 to reasonably manage and control installations in the public rights-of-
<br />way by utility and other service providers, in consideration of technological advances to
<br />accommodate increased cellular data usage through the installation of "wireless support
<br />structures aka small cells", and consistent with the exercise of municipal authority in accordance
<br />with the Ohio Constitution, Revised Code Chapter 4939, and in consideration of Ohio SB 331,
<br />effective March 21, 2017, as subsequently modified by Substitute HB 478, enacted April 11,
<br />2018; and
<br />WHEREAS, this Council finds it necessary to enact new Chapter 904 entitled "Small
<br />Cell Facilities and Wireless Support Structures within the Right -of -Way" of Part Nine, "Streets,
<br />Utilities and Public Services Code", of the Codified Ordinances of the City and as shown by
<br />Exhibit A attached hereto; and
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