2018-057 Ordinance - Laserfiche WebLink

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(1) In the event that the use of a small cell facility and/or wireless support structure is discontinued, the owner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued. If the small cell facility and/or wireless support structure is not removed within 365 days of discontinued use, the small cell facility shall be considered abandoned and the city may remove it at the owner's expense. (2) Small cell facilities and wireless support structures determined by the city to be abandoned without application notice from the owner may be removed by the city at the owner's expense to ensure the public health, safety, and welfare. 904.08 SAFETY REQUIREMENTS (A) Prevention offailures and accidents. Any person who owns a small cell wireless facility sited in the right-of-way shall at all times employ ordinary and reasonable care and install and maintain in use nothing less than the best available technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public. (B) Compliance with fire safety and FCC regulations. Small cell facilities, wires, cables, fixtures, and other equipment shall be installed and maintained in substantial compliance with the requirements of the National Electric Code, all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property. (C) Surety bond or equivalent financial tool for cost of removal. All owners must procure and provide to the city a bond, or must provide proof of an equivalent financial mechanism, to ensure compliance with all provisions of this section. The bond or equivalent financial method must specifically cover the cost of removal of unused or abandoned small cell facilities or damage to city property caused by an operator or its agent of each small cell facility which the owner installs in the right-of-way in case the city has to remove or pay for removal of the wireless facility. Two acceptable alternatives to a bond include a funds set-aside and a letter of credit. 904.09 RECOVERY OF COSTS (A) Application processing fee. For processing an application for consent, the city may charge a fee for each small cell facility and wireless support structure requested as prescribed under section 4939.031 of the Ohio Revised Code and as listed on the associated application forms. The city may adjust this fee ten percent every five years, rounded to the nearest five dollars. (B) Annual collocation fee. For reimbursement for operator's attachment of small cell facilities to wireless support structures owned or operated by the city and located in the right -of- way, the city may charge an annual fee as prescribed under 4939.031 of the Ohio Revised Code and as listed on associated application forms. The city may adjust this fee ten percent every five years, rounded to the nearest five dollars. (C) Tax liabilities and assessments not applicable. Placement of small cell facilities in the right- of-way or attachment of small cell facilities to a wireless support structure and any fees associated therewith shall not subject a municipal corporation to any state or local tax liabilities 17