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promulgate and make publicly available other information, materials or requirements in
<br />addition to, and separate from, the Small Cell Design Guidelines which do not conflict with
<br />state or federal law.
<br />(5) The City Engineer shall have authority to update or supplement the Small Cell Design
<br />Guidelines to address relevant changes in law, technology, or administrative processes. In
<br />the event of any conflict between the Small Cell Design Guidelines and the standards
<br />articulated in this chapter of the North Olmsted Codified Ordinances, the language of this
<br />chapter takes precedence over the language of the Small Cell Design Guidelines.
<br />904.07 STANDARD CONDITIONS OF PERMIT APPROVAL
<br />(A) Standard conditions ofapproval. Permission to site small cell facilities and wireless support
<br />structures in the right-of-way shall be conditioned on compliance with the standard
<br />conditions of approval provided in this Section 904.07. The City Engineer or his or her
<br />designee may add or modify conditions of approval as necessary or appropriate to protect
<br />and promote the public health, safety, and welfare.
<br />(B) Small Cell Facility Permit duration. The city's approval term of an attachment to a wireless
<br />support structure shall be for a period of not less than ten years, with presumption of
<br />renewal for successive five-year terms, subject to terms providing for early termination or
<br />nonrenewal for cause or by mutual agreement and unless otherwise agreed to by both the
<br />operator and the city, except for generally applied permitting to safeguard the public health,
<br />safety, and welfare. An operator may remove its small cell facilities at any time subject to
<br />applicable permit requirements and may stop paying annual charges or fees under Section
<br />904.07(N).
<br />(C) Compliance with all applicable laws. Permittee shall at all times maintain compliance with
<br />all applicable federal, state and local laws, regulations, ordinances, or other rules.
<br />(D) Inspections; emergencies. The city or its designee may inspect small cell facilities and
<br />wireless support structures in the right-of-way upon reasonable notice to the permittee. The
<br />permittee shall cooperate with all inspections. The city reserves the right to support, repair,
<br />disable, or remove any elements of the facility in emergencies or when the facility threatens
<br />imminent harm to persons or property.
<br />(E) Relocation or adjustment as requested by city. if requested by the city, in order to
<br />accomplish construction and maintenance activities directly related to improvements for the
<br />health, safety, and welfare of the public, an operator shall relocate or adjust its facilities
<br />within the right-of-way at no cost to the city, as long as such request similarly binds all
<br />users in or on such public way. Such relocation or adjustment shall be completed in
<br />accordance with local law.
<br />(F) Contact information for responsible parties. Permittee shall at all times maintain accurate
<br />contact information for all parties responsible for the facility, which shall include a phone
<br />number, street mailing address, and email address for at least one natural person. All such
<br />contact information for responsible parties shall be provided to the City Engineer and
<br />Director of Public Service.
<br />(G) Indemnification. Any operator who owns or operates small cell facilities or wireless support
<br />structures in the right-of-way shall indemnify, protect, defend, and hold the city and its
<br />elected officials, officers, employees, agents, and volunteers harmless against any and all
<br />claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable
<br />attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability
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