Chapter 941: Use of Public Ways for Small Cell Wireless Facilities and Wireless Support Structures

Sections

Cross references

  • Small cell design guidelines - see S.U. & P.S. Ch. 943

941.01   Overview and purpose; definitions

  1. (a) The purpose of this Chapter is to:

    1. (1) Provide standards for the construction, installation, modification, operation, and removal of Facilities and Wireless Support Structures in the Village’s Right-of-Way to protect the health, safety, and welfare of the citizens of the Village;

    2. (2) Preserve the character of the Village, including the Village’s neighborhoods, downtown, other business districts and historic districts;

    3. (3) Give guidance to wireless telecommunications providers to assist such companies in the timely, efficient, safe, and aesthetically pleasing installation of Facilities and Wireless Support Structures; and

    4. (4) Comply with, and not conflict with or preempt, all applicable state and federal laws; and

    5. (5) Facilitate deployment of small cell Facilities and advanced wireless communications within the Village in a manner that complies with the requirements of this Chapter and does not materially inhibit such deployment or the provision or availability of advanced wireless communications.

  2. (b) For the purpose of this Chapter, and the interpretation and enforcement hereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:

    1. (1) “Applicant” means any person or entity who submits an Application pursuant to this Chapter.

    2. (2) “Application” means all necessary documentation submitted by an Applicant to obtain a Small Cell Use Permit from the Village to Collocate a Small Cell Facility and/or to construct, maintain, modify, operate, or replace a Wireless Support Structure.

    3. (3) “Accessory Equipment” means equipment used in conjunction with a Small Cell Facility and generally at the same location of the Small Cell Facility, including, but not limited to, electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs.

    4. (4) “Collocation” or “Collocate” means to install, mount, maintain, modify, operate, or replace wireless Facilities on a Wireless Support Structure.

    5. (5) “Design Guidelines” means standards applicable to Small Cell Equipment and Wireless Support Structures in the Right-of-Way, established in Chapter 943.

    6. (6) “Facilities” means Small Cell Facilities, Accessory Equipment, and Wireless Support Structures.

    7. (7) “Facilities Operator” means the person or entity responsible for the installation, operation, maintenance, replacement, and modification of Facilities. Facilities Operator includes:

      1. (i) Operators;

      2. (ii) Applicants who applied for consent to Collocate a Small Cell Facility or to construct, maintain, modify, operate, or replace a new Wireless Support Structure pursuant to O.R.C. Section 4939.031(E) and who have obtained a Small Cell Use Permit; and

      3. (iii) Applicants who applied for consent to Collocate a Small Cell Facility or to construct, maintain, modify, operate, or replace a new Wireless Support Structure pursuant to O.R.C. Section 4939.033 and who have obtained a Small Cell Use Permit.

    8. (8) “Eligible Facilities or Eligible Support Structure Request” means any request for modification of an existing support structure or base station that does not substantially change the physical dimension of such support structure involving Collocation of new Facilities; removal of Facilities; or replacement of Facilities. A substantial change means:

      1. (i) A modification that changes the physical dimension of a Wireless Support Structure by increasing the height of the Wireless Support Structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater; and/or by adding an appurtenance to the body of the Wireless Support Structure that would protrude from the edge of the Wireless Support Structure by more than six (6) feet;

      2. (ii) The installation of more than the standard number of equipment cabinets for the technology involved or the installation of more than (4) cabinets, whichever is less;

      3. (iii) The installation for any new ground-mounted equipment cabinets if there are not existing ground-mounted equipment cabinets;

      4. (iv) Any excavation or deployment outside of the current site of the Facility;

      5. (v) Removal of any concealment elements of the Facilities or the Wireless Support Structure; and

      6. (vi) Any change that does not comply with this Chapter, the Design Guidelines set forth in Chapter 943, or state or federal law and regulations. The threshold for measuring increases that may constitute a substantial change are cumulative, measured from the Facilities as originally permitted (including any modifications that were reviewed and approved by the Village prior to the enactment of the Spectrum Act on February 22, 2012.)

    9. (9) “Operator” means a wireless service provider, cable Operator, or a video service provider that operates a Small Cell Facility and provides wireless service, including a wireless service provider, cable operator, or a video service provider that provides information services as defined in the “Telecommunications Act of 1996,” 110 Stat. 59, 47 U.S.C. 153(20), and services that are fixed in nature or use unlicensed spectrum.

    10. (10) “Public Way” or “Right-of-Way” means the surface of, and the space within, through, on, across, above or below, any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public easement, and any other land dedicated or otherwise designated for a comparable public use, which is owned or controlled by the Village or other public entity or political subdivision.

    11. (11) “Small Cell Facility” means a wireless facility that meets both of the following requirements:

      1. (i) Each antenna is located inside an enclosure of not more than six (6) cubic feet in volume or, in the case of an antenna with exposed elements, the antenna and all of its exposed elements can fit within an enclosure of not more than six (6) cubic feet in volume; and

      2. (ii) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight (28) cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services; and

      3. (iii) A “Small Wireless Facility” is a type of Small Cell Facility (i) in which each antenna is located within an enclosure of not more than three (3) cubic feet in volume or, in the case of an antenna with exposed elements, the antenna and all of its exposed elements can fit within an enclosure of not more than three (3) cubic feet in volume, and (ii) where such antenna is associated with a structure (a) 50 feet or less in height, including the antenna, or (b) that is not more than 10 percent taller than adjacent structures, or (c) is not extended in height by more than 10 percent or to a height exceeding 50 feet, whichever is greater, and (iii) the definition of “Small Wireless Facilities” found in the FCC’s Small Cell order is also otherwise satisfied.

    12. (12) “Small Cell Equipment” means a Small Cell Facility and all Accessory Equipment.

    13. (13) “Small Cell Use Permit” means the permit granted by the Village authorizing the Applicant to Collocate a Small Cell Facility or to construct, maintain, modify, operate, or replace a Wireless Support Structure in the Right-of-Way.

    14. (14) “Wireless Support Structure” means a pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a fifteen (15) foot or taller sign pole, or utility pole capable of supporting Small Cell Facilities. As used in this Chapter, “Wireless Support Structure” excludes the following except in connection with a Small Wireless Facility, in which case the following are not excluded:

      1. (i) A utility pole or other facility owned or operated by a municipal electric utility; and

      2. (ii) A utility pole or other facility used to supply traction power to public transit systems, including railways, trams, streetcars, and trolleybuses.

    15. (15) “Village” means the Village of Chagrin Falls.

    16. (16) Any capitalized words or phrases not otherwise defined in this Chapter 941 shall have the meaning set forth, if any, in Substitute House Bill 478 of the 132nd General Assembly.
      (Ord. 2019-10. Passed 1-14-19.)

  1. (a) Any person or entity seeking to Collocate a Small Cell Facility in the Right-of-Way, or to construct, maintain, modify, operate, or replace a Wireless Support Structure in the Right-of-Way, shall first file a written Application for a Small Cell Use Permit with the Chief Administrator in accordance with the requirements in this Chapter, Design Guidelines set forth in Chapter 943, O.R.C. Chapter 4939, and all applicable state and federal laws and regulations.

  2. (b) Applicants are strongly encouraged to contact the Chief Administrative Officer and request a pre-Application conference. This meeting will provide an opportunity for early coordination regarding proposed Facilities, locations, design, Application submittal, and the approval process in order to avoid any potential delays in the processing of an Application and deployment of Facilities in the Village.

  3. (c) A Small Cell Use Permit granted under this Chapter shall not convey any right, title or interest in the Right-of-Way, but shall be deemed a permit only to use and occupy the Public Ways for the limited purposes and term stated in the permit, this Chapter, and the Design Guidelines set forth in Chapter 943. Further, no Small Cell Use Permit shall be construed as any warranty of title.
    (Ord. 2019-10. Passed 1-14-19.)

941.03   Permit application types

Applicants shall classify their Application as one of the following types:

  1. (a) Type 1: Eligible Facilities Requests.

  2. (b) Type 2: Application for Collocation of Small Cell Equipment on a Wireless Support Structure that does not constitute an Eligible Facilities Request.

  3. (c) Type 3: New Wireless Support Structure. Such applications will address construction, modification, replacement, or removal of a Wireless Support Structure within the Right-of-Way. At the time of Application, Applicants shall certify that Small Cell Equipment will be placed on the Wireless Support Structure within one hundred and eighty (180) days from the date the Small Cell Use Permit is issued.

  4. (d) For Type 2 and Type 3 Applications, Applicants shall indicate whether the Application is or is not for a Small Wireless Facility.
    (Ord. 2019-10. Passed 1-14-19.)

  1. (a) Pursuant to O.R.C. Section 4939.0312, an Applicant may file one consolidated application for up to thirty (30) individual small cell Facilities or thirty (30) individual Wireless Support Structures as long as the facilities or structures for which consent is requested are substantially similar.

    1. (1) Small Cell Facilities shall be considered substantially similar when the Small Cell Equipment is identical in type, size, appearance and function.

    2. (2) Wireless Support Structures shall be considered substantially similar when the Wireless Support Structures are identical in type, size, appearance and function and are to be located in a similar location.

    3. (3) Applications for Facilities and Wireless Support Structures cannot be commingled.

  2. (b) The Village may, at its discretion, require separate Applications for any Small Cell Facilities or Wireless Support Structures that are not substantially similar.

  3. (c) Although applications for Small Wireless Facilities may be filed on a consolidated basis, applications involving Small Wireless Facilities may not be commingled with applications for other Small Cell Facilities or Wireless Support Structures. The limit on the number of applications that may be filed in a consolidated application pursuant to Section 941.04(a) shall not apply to applications for Small Wireless Facilities.
    (Ord. 2019-10. Passed 1-14-19.)

941.05   Application fee

  1. (a) The fee for each application is Two Hundred Fifty Dollars ($250.00). The Village shall adjust the fee by ten percent (10%) every five years, rounded to the nearest Five Dollars ($5.00), beginning in the year 2023.

  2. (b) An Application shall not be deemed complete until the fee is paid.

  3. (c) If Applications are consolidated, then the fee shall be the sum resulting from the fee set forth in subsection (a) multiplied by the total number of Facilities or Wireless Support Structures included in the consolidated Application.
    (Ord. 2019-10. Passed 1-14-19.)

941.06   Attachment fee

  1. (a) In addition to the Application Fee, an annual fee shall be paid to the Village for each Small Cell Facility attached to a municipally-owned Wireless Support in the amount of Two Hundred Dollars ($200.00). The Village shall adjust the attachment fee by ten percent (10%) every five years, rounded to the nearest Five Dollars ($5.00), beginning in the year 2023.

  2. (b) The first-year attachment fee shall be paid when the collocation is complete, and no later than January 1 each year thereafter. The first-year attachment fee shall not be prorated, regardless of the date that the collocation is complete.
    (Ord. 2019-10. Passed 1-14-19.)

941.07   Required application materials

The Applicant must submit the following documentation with each Application.

  1. (a) Completed Application form including the identity, legal status and federal tax identification number of the Applicant, as well as all affiliates and agents of the Applicant that will use or be, in any way, responsible for the Facilities.

  2. (b) The name, address, and telephone number of the local officer, agent, or employee responsible for the accuracy of the application to be notified in case of emergency.

  3. (c) Fully dimensional scaled site plan (scale no smaller than one (1) inch equals forty (40) feet). The site plan must include:

    1. (1) The exact proposed location of the Facilities within the Right-of-Way;

    2. (2) All existing Facilities with all existing transmission equipment;

    3. (3) The location of all overhead and underground public utilities, telecommunications, cable, water, sanitary sewer, and storm water drainage utilities in the Public Way within one hundred (100) feet surrounding the proposed Facilities.

    4. (4) The legal property boundaries within one hundred (100) feet surrounding the proposed Facilities;

    5. (5) Indication of distance between the Facilities and existing curbs, driveways, sidewalks, trees, utilities, other poles, and existing buildings within one hundred (100) feet surrounding the proposed Facilities; and

    6. (6) Access and utility easements within one hundred (100) feet surrounding the proposed Facilities.

  4. (d) Elevation drawings (scale no smaller than one (1) inch equals ten (10) feet) of the proposed Facilities.

  5. (e) Evidence that the Applicant provided notice by mail to all property owners within three hundred (300) feet of each of the proposed Facilities prior to submitting the Application. The notice shall include:

    1. (1) Name of the Applicant;

    2. (2) Estimated date Applicant intends to submit the Application;

    3. (3) Detailed description of the proposed Facilities and the proposed location; and

    4. (4) Accurate, to-scale photo simulation of the proposed Facilities. Scale shall be no smaller than one (1) inch equals forty (40) feet.

  6. (f) A preliminary installation/construction schedule and completion date.

  7. (g) Structural calculations prepared, stamped and signed by an engineer licensed and registered by the State of Ohio showing that the Wireless Support Structure can accommodate the weight of the proposed small cell equipment.

  8. (h) Analysis demonstrating that the proposed Facilities do not interfere with the Village’s public safety radio system, traffic and emergency signal light system, or other Village safety communications components. It shall be the responsibility of the Applicant to evaluate, prior to making the Application for a Small Cell Use Permit, the compatibility between the existing Village infrastructure and Applicant’s proposed Facilities.

  9. (i) A landscape plan that demonstrates screening of proposed small cell equipment.

  10. (j) Drawings of the proposed Facilities. For all equipment depicted, the Applicant must also include, if applicable:

    1. (1) The manufacturer’s name and model number;

    2. (2) Physical dimensions, including, without limitation, height, width, depth and weight with mounts and other necessary hardware; and

    3. (3) The noise level generated by the equipment, if any.

  11. (k) If the Applicant is not an Operator, then the Applicant must provide proof that the Applicant has been engaged by a wireless service provider who will be the end-user of the Facilities.
    (Ord. 2019-10. Passed 1-14-19.)

941.08   Application review

  1. (a) Applications shall be evaluated in the timeframes as follows:

    1. (1) Type 1 Applications 60 days

    2. (2) Type 2 Applications 90 days, except that for Small Wireless Facilities, the timeframe for a Type 2 Application shall be 60 days

    3. (3) Type 3 Applications 120 days, except that for new Wireless Support Structures upon which a Small Wireless Facility is to be mounted, the timeframe for a Type 3 Application shall be 90 days.

  2. (b) Applications shall be reviewed for completeness. If the Application is incomplete, then the Applicant will be notified of the insufficiency, and the timeframes set forth in subsection (a) shall be tolled until the Application is made complete, as described below:

    1. (1) To toll the time period for incompleteness, the Village must provide written notice to the Applicant, specifically identifying all missing documents or information, within thirty (30) days after receiving the Application; except that where an Applicant has indicated that the Application is for a Small Wireless Facility, or a Wireless Support Structure upon which a Small Wireless Facility is to be mounted, the written notice shall be provided within ten (10) days after receiving the Application.

      1. (A) In the case of a proper and timely initial written notice of incompleteness provided concerning an Application involving a Small Wireless Facility pursuant to subsection (b)(1), the time period set forth in subsection (a) shall be deemed never to have started running at all until Applicant provides a supplemental submission.

    2. (2) The time period set forth in subsection (a) will begin to run again when the Applicant provides a supplemental submission in response to the Village’s notice of incompleteness, but may be tolled again if the Village notifies the applicant in writing, within ten (10) days of receiving a supplemental submission, that the Application remains incomplete and identifies which items specified in the original notice of incompleteness are still missing. Timely notice by the Village of the deficiencies in a supplemental submission tolls the time period set forth in subsection (a) until the Applicant supplies the specified information.

  3. (c) The timeframes set out in subsection (a) may also be tolled by mutual agreement between the Applicant and the Village. The timeframes in subsections (a)(2) and (a)(3) may also be tolled as follows, except that where an Applicant has indicated that the Application is for a Small Wireless Facility, the provisions of subsections (c)(1) and (c)(2) below do not apply:

    1. (1) If the Village receives between fifteen (15) and thirty (30) applications in a thirty (30) day period, then the Village may toll the evaluation for an additional twenty (20) days.

    2. (2) If the Village receives more than thirty (30) applications in a thirty (30) day period, then the Village may toll the evaluation for an additional fifteen (15) days for every fifteen (15) applications received.

    3. (3) By mutual agreement between the Applicant and the Village.

    4. (4) When an Applicant submits an underground area waiver pursuant to Section 943.13(d) of the Codified Ordinances, in which case the Village may toll the evaluation for an additional fourteen (14) days.

  4. (d) If two Applicants request to Collocate on the same Wireless Support Structure or two Wireless Support Structures are proposed within a distance that would violate the spacing requirements set forth in Section 941.16, then the Chief Administrative Officer may resolve the conflict in any reasonable and nondiscriminatory manner.

  5. (e) If a request for consent is denied, the Village shall provide, in writing, its reasons for denying the request, supported by substantial, competent evidence. The denial of consent shall not unreasonably discriminate against the Applicant. Grounds for denying an Application may include, but are not limited to:

    1. (1) Failure to provide information required under Section 941.07;

    2. (2) Failure to comply with Design Guidelines set forth in Chapter 943;

    3. (3) Failure to provide financial surety pursuant to Section 941.15;

    4. (4) Failure to remove abandoned Facilities as required under Section 941.12;

    5. (5) Conflict with the historic nature or character of the surrounding area;

    6. (6) Conflict with planned future improvements in the Right-of-Way; and

    7. (7) Failure to comply with generally applicable health, safety, and welfare requirements.
      (Ord. 2019-10. Passed 1-14-19.)

941.09   Permitting process, duration, and termination

  1. (a) Upon approval of its Application, an Applicant shall receive a Small Cell Use Permit indicating that the Village has granted the Applicant consent to occupy the Right-of-Way.

  2. (b) A Small Cell Use Permit issued to an Operator shall have duration of no longer than ten (10) years. Permits may be renewed for five (5) year terms.

  3. (c) A Small Cell Use Permit issued to a Facilities Operator who is not an Operator shall have a term or ten (10) years or the duration of the Facilities Operator’s agreement with a wireless service provider provided pursuant to Section 941.07(k), whichever is shorter.

  4. (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.

  5. (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. (1) Make-ready work for a municipally-owned Wireless Support Structure; or

    2. (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 sixty days after the Small Cell Use Permit was granted.

      If the additional time to complete the installation exceeds three hundred sixty days (360) after the issuance of the permit, then the permit shall be deemed terminated regardless of the cause of the delay.

  6. (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 one hundred eighty (180) days of issuance of the Small Cell Use Permit.

  7. (g) If the Facilities Operator fails to remit the annual attachment fee required pursuant to Section 941.10, then the Small Cell Use Permit will expire on the ninetieth (90th) day from the date the annual attachment fee was due.

  8. (h) A Small Cell Use Permit may be terminated by the Facilities Operator at any time upon service of sixty (60) days written notice to the Village.

  9. (i) Upon termination of a Small Cell Use Permit, the Facilities Operator shall restore and rehabilitate all Village-owned Wireless Support Structures and the Right-of-Way to their former condition and utility.

  10. (j) The Village shall not issue any refunds for any amounts paid by the Facilities Operator upon termination of the permit.
    (Ord. 2019-10. Passed 1-14-19.)

941.10   Annual registration

  1. (a) All Facilities Operators with consent to occupy or use the Right-of- Way shall register with the Village each calendar year between January 1 and January 31 on a form provided by the Village. The form will allow the Facilities Operator to indicate when there is no change in the information required, and when such indication is submitted, previously provided information will be considered current and will be relied upon. Facilities Operators who obtain consent to occupy the Right-of-Way after September 30 of any year need not file an Annual Registration for next calendar year.

  2. (b) The purpose of registration under this Section is to:

    1. (1) Compile, update and supplement the Village’s database so that the Village has accurate and current information concerning the Facilities Operators that own or operate Facilities in the Village/Village’s public Right- of-Way;

    2. (2) Assist the Village in monitoring the usage of the public Right-of- Way in order to ensure that the public receives the maximum possible benefit from that use, and the use is consistent with the best management and care of the public Right-of-Way;

    3. (3) Assist the Village in the collection and enforcement of any municipal taxes, fees, or other charges that may be due the Village; and

    4. (4) Assist the Village in monitoring compliance with local, state and federal laws.

  3. (c) Registration forms will be provided by the Village and shall require the following information:

    1. (1) Any material changes to the information the Facilities Operator provided to the Village in the Application for Small Cell Use Permit including, but not limited to:

      1. (i) The identity, legal status, and federal tax identification number of the Facilities Operator, including any affiliates or agents.

      2. (ii) The name, address and telephone number of the local officer, agent or employee responsible for the accuracy of the Facilities Operator’s registration statement and available at all reasonable times to be notified in case of emergency.

      3. (iii) Evidence that the Facilities Operator is in compliance with the insurance, indemnity and financial surety requirements pursuant to this Chapter.

      4. (iv) Such other information as the Chief Administrative Officer may reasonably require.

  4. (d) In addition to the annual registration requirement, each Facilities Operator shall keep all required registration information current at all times and shall provide the Village with notice of changes to the required information within fifteen (15) days following the date on which the Facilities Operator has notice of the need for such change.
    (Ord. 2019-10. Passed 1-14-19.)

941.11   Nonconforming facilities

  1. (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.

  2. (b) Any person or entity who owns or operates a Nonconforming Facility shall register such facility pursuant to Section 941.10 within ninety (90) days of the date this ordinance takes effect.

  3. (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 in Chapter 943, and state and federal law and regulations.
    (Ord. 2019-10. Passed 1-14-19.)

941.12   Abandoned and damaged facilities

  1. (a) A Facilities Operator shall provide written notice to the Village 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 three hundred sixty-five (365) days from the date the use was discontinued, the Facilities shall be considered a nuisance and the Village may remove the Facilities at the expense of the Facilities Operator.

  2. (b) In the event that Facilities are damaged, the Facilities Operator shall promptly repair the damaged Facilities. Damaged Facilities shall be repaired no later than thirty (30) days after obtaining written notice that the Facilities were damaged. If the damaged Facilities are not repaired within thirty (30) days, then the damaged Facilities shall be considered a nuisance and the Village may repair or remove the Facilities at the expense of the Facilities Operator.
    (Ord. 2019-10. Passed 1-14-19.)

941.13   Insurance requirements

  1. (a) As a condition of the Village’s consent to occupy the Right-of-Way, a Facilities Operator must secure and maintain the following liability insurance policies insuring both the Facilities Operator and the Village, and its elected and appointed officers, officials, agents and employees as additional insureds:

    1. (1) Comprehensive general liability insurance with limits not less than:

      1. (i) Five Million Dollars ($5,000,000.00) for bodily injury or death to each person;

      2. (ii) Five Million Dollars ($5,000,000.00) for property damage resulting from any one (1) accident; and

      3. (iii) Five Million Dollars ($5,000,000.00) for all other types of liability.

    2. (2) Automobile liability for owned, non-owned and hired vehicles with a limit of Three Million Dollars ($3,000,000.00) for each person and Three Million Dollars ($3,000,000.00) for each accident.

    3. (3) Worker’s compensation within statutory limits and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000.00).

    4. (4) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than Three Million Dollars ($3,000,000.00).

  2. (b) Each such insurance policy shall contain the following endorsement: “It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until ninety (90) days after receipt by the Village, by registered mail, of a written notice addressed to the Chief Administrative Officer of such intent to cancel or not to renew.”

  3. (c) Within sixty (60) days after receipt by the Village of said notice, and in no event later than thirty (30) days prior to said cancellation, the Facilities Operator shall obtain and furnish to the Village replacement insurance policies meeting the requirements of this subsection.

  4. (d) Upon written application to, and written approval by the Chief Administrative Officer, a Facilities Operator may be self-insured to provide all of the same coverages as listed in this section; except that all coverages for Worker’s Compensation shall be in compliance with State law. No approval for self-insurance shall be given until the Village’s Chief Administrative Officer has made a complete review of the Facilities Operator’s financial ability to provide such self-insurance and notifies the Chief Administrative Officer that such review has been completed. As part of the review process, the Chief Administrative Officer may require, and the self-insurance applicant shall provide, any and all financial documents necessary to make a valid determination of the applicant’s ability to meet the needs of this Chapter.
    (Ord. 2019-10. Passed 1-14-19.)

941.14   Indemnification

A Facilities Operator shall indemnify, protect, defend, and hold the Village and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the acts or omissions of the Operator who owns or operates Small Cell Facilities and wireless service in the Right-of-Way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the Operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining Facilities in the Right-of-Way.
(Ord. 2019-10. Passed 1-14-19.)

941.15   Financial surety

  1. (a) Each Facilities Operator must procure and provide to the Village a bond, escrow, deposit, letter of credit, or other financial surety to ensure compliance with this Chapter and Chapter 4939 of the Ohio Revised Code. The financial surety must be in an amount sufficient to cover the cost of removal of all Facilities owned or operated by the Facilities Operator.

  2. (b) The Village may, in its sole discretion, draw on the financial surety to remove abandoned, unused or unsafe Facilities, or to repair damage to any Village property caused by the Facilities Operator or its agent. In such event, the Facilities Operator shall cause the financial surety be replenished to its prior amount within ten (10) business days after Village notifies the Facilities Operator that it has drawn on the financial surety.
    (Ord. 2019-10. Passed 1-14-19.)

941.16   Reserved space

The Village reserves the right to install, and permit others to install, Facilities in the Right-of-Way. The Village may reserve space in the Right-of- Way and on Wireless Support Structures for future utility, safety, or transportation uses. Such space may be reserved in an ordinance or plan approved by the Mayor, Village Manager, Village Council, Building Commissioner, or Planning Commission.
(Ord. 2019-10. Passed 1-14-19.)

941.17   Removal or relocation of facilities

  1. (a) Consistent with O.R.C. Section 4939.08, the Village may require a Facilities Operator to remove or relocate Facilities to accomplish construction and maintenance activities. The Facilities Operator shall remove or relocate the Facilities at no cost to the Village. If the Facilities Operator fails to remove or relocate the Facilities within ninety (90) days of receiving a request to do so from the Village, then the Village may remove the Facilities at Facilities Operator’s sole cost and expense, without further notice to the Facilities Operator.

  2. (b) If the Facilities are placed in a location other than the location approved by the Village, the Facilities Operator shall relocate the Facilities within thirty (30) days of receiving notice that the Facilities are located improperly.
    (Ord. 2019-10. Passed 1-14-19.)

941.18   Notice of work

  1. (a) A Facilities Operator shall notify the Chief Administrative Officer of all nonemergency work within ten (10) calendar days prior to performing any upgrades or maintenance on any Facilities, regardless of whether the work requires any permit or consent from the Village.
    (Ord. 2019-10. Passed 1-14-19.)

941.19   Excavation permit

If a Facilities Operator must construct, reconstruct, alter, repair, remove or replace any culvert, sidewalk or driveway in any public street or road Right-of-Way, then the Facilities Operator shall obtain the required permit pursuant to Section 901.01.
(Ord. 2019-10. Passed 1-14-19.)

941.20   Waiver

It is within the reasonable discretion of the Chief Administrative Officer to waive any portion or portions of this Chapter, as permitted or warranted under state and federal law, where such requirements, in the Chief Administrative Officer’s judgment, are not necessary or appropriate to protect the Village’s interests and the purposes and intent of this Chapter.
(Ord. 2019-10. Passed 1-14-19.)

941.99   Penalties; equitable remedies

  1. (a) Any Applicant or Operator or other person or entity acting as the agent of an Applicant or Operator who is found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this Chapter shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense. A separate and distinct offense shall be deemed committed each day during or on which a violation occurs or continues.

  2. (b) Nothing in this Chapter shall be construed as limiting any judicial remedies that the Village may have, at law or in equity, for enforcement of this Chapter.
    (Ord. 2019-10. Passed 1-14-19.)