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904.01 PURPOSE AND INTENT
<br />(A) The purpose of this chapter is to establish general procedures and standards, consistent with
<br />all applicable federal and state laws and local, for the siting, construction, installation,
<br />collocation, modification, operation, and removal of small cell facilities and wireless
<br />support structures in the right-of-way.
<br />(B) The intent of this chapter is to:
<br />(1) In conjunction with Chapter 902, to establish basic criteria for applications to locate
<br />small cell facilities and wireless support structures in the right-of-way and authorize the
<br />City Engineer or his or her designee to develop, publish, and from time to time amend
<br />applications and other associated materials to provide clear guidance to applicants;
<br />(2) Ensure that small cell facilities and wireless support structures are carefully designed,
<br />constructed, modified, maintained, and removed when no longer in use in conformance
<br />with all applicable health and safety regulations;
<br />(3) Preserve the character of the City of North Olmsted by minimizing the potentially
<br />adverse visual impact of small cell facilities and wireless support structures through
<br />careful design, siting, landscaping and camouflaging techniques to blend these facilities
<br />into their environment to the maximum extent practicable;
<br />(4) Enhance the ability of wireless communications carriers to deploy small cell facilities
<br />and wireless support structures in the city quickly, effectively, and efficiently so that
<br />residents, businesses, and visitors benefit from robust wireless service availability;
<br />(5) Establish an application process and structure for payment of fees and charges to be
<br />uniformly applied to all applicants, operators and owners of small cell facilities and
<br />wireless support structures for such facilities;
<br />(6) Comply with, and not conflict with or preempt, all applicable state and federal laws,
<br />including without limitation Section 101(a) and Section 704 of the Telecommunications
<br />Act, Pub. L. 104-104, 101 Stats. 56, 70 (Feb. 8, 1996) (codified as 47 U.S.C. §§ 253(a),
<br />332(c)(7)), as may be amended or superseded, and Section 6409(a) of the Middle Class
<br />Tax Relief and Job Creation Act, Pub. L. 112-96, 126 Stat. 156 (Feb. 22, 2012) (codified
<br />as 47 U.S.C. § 1455(a)), as may be amended or superseded, and all FCC rules and
<br />regulations to interpret and implement applicable federal statutes.
<br />904.02 APPLICABILITY
<br />(A) Subject to the Ohio Revised Code and approval of an application under this chapter, an
<br />operator may collocate a small cell facility and construct, maintain, modify, operate, or
<br />replace wireless support structures in, along, across, upon, and under the city right-of-way.
<br />(1) An operator shall comply with generally applicable standards that are consistent with
<br />this chapter and adopted by the city for construction and public safety in the right-of-
<br />way.
<br />(2) All structures and facilities shall be constructed and maintained so as not to impede or
<br />impair public safety or the legal use of the right-of-way by the city, the traveling public,
<br />or other public utilities.
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