Fremont City Zoning Code
CHAPTER 1135
Small Cell Facilities
1135.01 PURPOSE.
The purpose of this Chapter is to promote the public health, safety and welfare of the community by regulating the placement of Small Cell Wireless facilities and wireless support structures within the public right-of-way. Per amended Ohio R.C. 4939, municipalities can regulate the installation of small cell wireless and small wireless facilities in the public right-of-way to be either mounted or attached to utility poles, traffic signals, street lights, buildings, other municipally-owned support structures, and/or to construct, maintain, modify, operate, or replace wireless support structures in the right-of-way. Regulations for said facilities shall:
(a) Accommodate the need for Small Cell Facilities while regulating their location and number within the City.
(b) Minimize adverse visual effects of Small Cell facilities and related support structures through property location, design, and screening.
(c) Avoid potential damage to adjacent properties from Small Cell Facilities, wireless support structures and related equipment; and
(d) Encourage the joint use of any new and existing Small Cell Facilities, wireless support structures and related equipment to limit the number of such structures needed in the future.
(e) Facilitate deployment of small cell facilities and advanced wireless communications within the City’s right-of-way in a manner that complies with the requirements of this Chapter and Ohio R.C. 4939 and that does not materially inhibit such deployment of the provisions or availability of advanced wireless communications.
(Ord. 2020-4053. Passed 1-7-21.)
1135.02 DEFINITIONS.
The following definitions shall apply to Small Cell Facilities and Small Cell wireless support structures and related equipment:
(a) “Applicant” means any person or entity who submits an Application pursuant to this Chapter.
(b) “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.
(c) “Buffer” means landscape screening to shield obtrusive hardware associated with Small Cell Facilities, Small Cell wireless support structures and related equipment in the public right-of-way.
(d) “Collocation” means the use of support structures in the public right-of-way by more than one Small Cell Facility/wireless telecommunication provider.
(e) “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) 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) The installation of more than the standard number of equipment cabinets for the technology involved or the installation of more than four (4) cabinets, whichever is less;
(3) The installation of any new ground-mounted equipment cabinets if there are no existing ground-mounted equipment cabinets or the installation of ground-mounted cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground-mounted cabinets associated with the structure;
(4) Any excavation or deployment outside of the current site of the facility;
(5) Removal of any concealment elements of the facilities or the Wireless Support Structure; and
(6) Any change that does not comply with this Chapter or state or federal law and regulations.
(7) 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 City prior to the enactment of the Spectrum Act on February 22, 2012.
(f) “Facilities” means Small Cell Facilities, Accessory Equipment, and Wireless Support Structures.
(g) “Facilities Operator” means the person or entity responsible for the installation, operation, Maintenance, replacement, and modification of Small Cell Facilities. Facilities operators includes:
(1) Operators;
(2) 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 Ohio R.C. Section 4939.031 (E) and who have obtained a conditional use and zoning Permit; and
(3) 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 Ohio R.C. Section 4939.033 and who have obtained a conditional use and zoning Permit.
(h) “Monopole” means a structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation with an attached Small Cell Facility.
(i) “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 Telecommunication Act of 1996, 110 Stat. 59 U.S.C. 153 (20), and services that are fixed in nature or use unlicensed spectrum.
(j) “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 City or other public entity or political subdivision.
(k) “Small Cell Facility” means a wireless facility where 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 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.
(l) “Small Wireless Facility” means a type of small cell facility 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 the exposed elements can fit within an enclosure of not more than three (3) cubic feet in volume, where such antenna is associated with a structure fifty (50) feet or less in height, including the antenna, or is not more than ten percent (10%) taller than adjacent structures, or is not extended in height by more than ten percent (10%) or to a height exceeding fifty (50) feet, whichever is greater, and which also otherwise satisfies the definition of “Small Wireless Facilities” found in the FCC’s Small Cell Order adopted September 16, 2018, FCC 18-133.
(m) “Telecommunication” means the technology, which enable information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems. “Telecommunication” includes, but is not limited to the receiving or transmitting of cellular phones, pagers, radios, televisions, personal telecommunication services, or other ground-wired telecommunication systems.
(n) “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.
(Ord. 2020-4053. Passed 1-7-21.)
1135.03 GENERAL AND SPECIFIC STANDARDS.
The following provisions shall apply to Small Cell Facilities and Small Cell Wireless Support Structures and related equipment within the City:
(a) Every attempt shall be made to mount small cell facilities to existing structures, such as communication towers (whether said tower is for cellular or wireless purposes or not), smokestacks, water towers, or other tall structures in any zoning district. Small cell facilities may only be placed on top of buildings that are no less than thirty-five (35) feet in height, for so long as the structure or building remains.
(b) Small cell facilities and wireless support structures and related equipment shall be allowed as conditional uses in the public right-of-ways in all zoning districts within the City of Fremont. Small cell facilities may be mounted onto monopoles erected for such purposes, street light poles, traffic signal poles, fifteen (15) foot or taller sign poles, and utility poles capable of supporting small cell facilities. All new wireless support structures in the residential and commercial zoning districts as well as the central business district shall be made of metal construction. Replacement wireless support structures in the aforementioned districts shall also be of metal construction.
(c) Small Cell facilities shall be sited so that all reasonable alternatives for facility placement have been clearly and convincingly demonstrated in order to provide that installation will minimize both the visual intrusion of the facility and the potential safety risks associated with the presence and operation of the facility.
(d) Shared with other users to minimize the number of facilities within the City.
(e) The height of new wireless support structures or poles, including all attachments or extensions, shall not exceed thirty-five (35) feet from grade in residential districts and forty (40) feet in all other districts.
(f) Underground utilities to the site and from the facility to any service or ancillary structures shall be required.
(g) Facilities shall be kept in a state of good condition and repair and said facility must remain free of trash, outdoor storage, weeds and other debris.
(h) Obsolete, discontinued, and/or unused facilities over a twelve (12) month period shall be removed within twelve (12) months of ceasing operation.
(i) If said Small Cell Facility or related structure is placed upon an existing or proposed structure, the increase in height shall not be more than ten percent (10%) or ten (10) feet in height whichever is greater and such facility or structure shall not protrude from the existing building facade if applicable. The facility or structure shall be of similar material and color as reviewed by the Planning Commission, and approved by the Board of Zoning Appeals.
(j) Such Small Cell Facility support structures shall be capable of structurally supporting the Small Cell Facilities and related equipment of the applicant as well as two other service providers. The applicant shall agree to permit use of the personal wireless service providers.
(k) No advertising shall be permitted on any surface of Small Cell Facilities, Small Cell wireless support structures and related equipment.
(Ord. 2020-4053. Passed 1-7-21.)
1135.04 PERMIT REQUIRED.
(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 obtain site plan review, a conditional use permit and zoning permit. Applicants shall classify their application as one of the following types:
(1) Type 1: Eligible Facilities Requests.
(2) Type 2: Application for Collocation of Small Cell Equipment on a Wireless Support Structure that does not constitute an Eligible Facilities Request.
(3) 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 180 days from the date the Small Cell Conditional Use and Zoning Permits are issued.
(4) For Type 2 and Type 3 applications, Applicants shall indicate whether the Application is or is not for a Small Wireless Facility.
(b) Consolidated Applications. Pursuant to ORC 4939.0312, an applicant may file one consolidated application to the Planning Commission and Board of Zoning Appeals 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) Small Cell Facilities shall be considered substantially similar when the small cell equipment is identical in types, size, appearance and function.
(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) Applications for facilities and wireless support structures cannot be commingled.
(c) Application Fee. The fee for application is two hundred fifty dollars ($250.00). The City shall adjust the fee by ten percent (10%) every five (5) years rounded to the nearest five dollars ($5.00), beginning in the year 2025. An application shall not be deemed complete until the fee is paid. If applications are consolidated, then the fee shall be the sum resulting from the fee set forth in subsection (c) multiplied by the total number of facilities or wireless support structures included in the consolidated application.
(d) Required application information for a Site Plan Review and Conditional Use Permit for Small Cell Facilities and Wireless Support Structures.
(1) 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) 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) Fully dimensional scaled site plan (scale no smaller than one (1) inch equals forty (40) feet. The site plan must include:
A. The exact proposed location of the Facilities within the Right-of-Way;
B. All existing facilities with all existing transmission equipment;
C. 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;
D. The legal property boundaries within one hundred (100) feet surrounding the proposed Facilities;
E. Indication of distance between the Facilities and existing curbs, driveways, sidewalks, trees, utilities, other poles, and existing buildings within one hundred (100) feet of the proposed Facilities.
(4) Elevation drawings (scale no smaller than one (1) inch equals ten (10) feet of the proposed Facilities.
(5) Evidence that the applicant provided notice by mail to all property owners within three hundred (300) feet of the proposed Facilities prior to submitting the application. The notice shall include:
A. Name of applicant;
B. Estimated date applicant intends to submit the application;
C. Detailed description of the proposed facilities and the proposed location; and
D. Accurate, to-scale photo simulation of the proposed Facilities. Scale shall be no smaller than one (1) inch equals forty (40) feet.
(6) A preliminary installation/construction schedule and completion date.
(7) 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) Analysis demonstrating that the proposed Facilities do not interfere with the City’s Public Safety radio system, traffic and emergency signal light system, or other City Safety communication 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 City infrastructure and the applicant’s proposed facilities.
(9) A landscaping plan that demonstrates screening of proposed small cell equipment.
(10) Drawings of the proposed Facilities. For all equipment depicted, the applicant must also include, if applicable:
A. The manufacturer’s name and model number; and
B. Physical dimensions, including, without limitation, height, width, depth and weight with mounts and other necessary hardware, if any.
(11) 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.
(12) Any other information as may be required by the Planning Commission, Board of Zoning Appeals and/or Zoning Inspector to determine the conformance with the Codified Ordinances and to ensure the protection of the public health, safety and welfare of the community. Said requested information shall be provided by the applicant in a timely fashion.
(Ord. 2020-4053. Passed 1-7-21.)
1135.05 APPLICATION REVIEW.
(a) Applications will be evaluated in the timeframes as follows:
(1) Type 1 Applications: 60 days.
(2) Type 2 Applications: 90 days, except that for Small Wireless Facilities, the timeframe for a Type 2 Application shall be 60 days.
(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.
(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 1135.05(a)(1) through (3) shall be tolled until the Application is made complete, as described below:
(1) To toll the time period for incompleteness, the City 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.
(2) In the case of a proper and timely initial notice of incompleteness provided concerning an Application involving a Small Wireless Facility pursuant to subsection 1135.05(b)(1), the time period set for in subsection 1135.05(a)(1) through (3) shall be deemed never to have started running at all until Applicant provides a supplemental submission.
(3) The time period set forth in subsection 1135.05(a)(1) through (3), will begin to run again when the Applicant provides a supplemental submission in response to the City’s notice of incompleteness issues pursuant to subsection 1135.05(b)(1) but may be tolled again if the City notifies the Applicant in writing, within ten (10) days of receiving a supplemental submission, that the Applications remains incomplete and identifies which items specified in the original notice of incompleteness are still missing. Timely notice by the City of the deficiencies in a supplemental submission tolls the time period set forth in subsection 1135.05(a)(1) through (3) until the Applicant supplies the specified information.
(c) The timeframes in subsection 1135.05(a)(1) through (3), may be tolled by mutual agreement between the Applicant and the City. The timeframes in subsections 1135.05(a)(2) and (a)(3) of this section 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 1135.05(c)(1) and (c)(2) below do not apply:
(1) If the City receives between fifteen (15) and thirty (30) Applications in a thirty (30) day period, then the City may toll for an additional twenty-one (21) days beginning with the sixteenth (16th) Application.
(2) If the City receives more than thirty (30) Applications in a thirty-day period, then the City may toll for an additional fifteen (15) days for every fifteen (15) Applications received up to a maximum tolling period of ninety (90) days, as indicated below:
A. Applications 31-45 36 additional days
B. Applications 46-60 51 additional days
C. Applications 61-75 66 additional days
D. Applications 76-90 81 additional days
E. Applications 91+ 90 additional days
(3) When an Applicant submits an underground area waiver request pursuant to Ohio R.C. 4939.0314(G)(3), in which case the City may toll for an additional fourteen (14) days.
(4) If two applicants request to Collocate on the same Wireless Support Structure in a manner inconsistent with Section 1135.03(d) or two Wireless Support Structures are proposed within a distance that would violate the spacing requirements set forth in the Design Guidelines, then the Zoning Inspector may resolve the conflict in any reasonable and nondiscriminatory manner.
(5) If a request for consent is denied, the City 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:
B. Failure to comply with Design Guidelines;
E. Conflict with the historic nature or character of the surrounding area;
F. Conflict with planned future improvements in the Right-of-Way; and
G. Failure to comply with generally applicable health, safety, and welfare requirements.
(Ord. 2020-4053. Passed 1-7-21.)
1135.06 PERMITTING PROCESS, DURATION AND TERMINATION.
(a) Upon approval of its Application, an Applicant shall receive a Small Cell Conditional Use and Zoning Permit indicating that the City has granted the Applicant consent to occupy the Right-of-Way.
(b) A Small Cell Conditional Use and zoning permit issued to an Operator shall have a duration of no longer than ten (10) years. Permits may be renewed for five (5) year terms.
(c) A Small Cell conditional use and zoning permit issued to a Facilities Operator who is not an Operator shall have a term of ten (10) years or the duration of the Facilities Operator’s agreement with a wireless service provider provided pursuant to Section 1135.06(b) whichever is shorter.
(d) A Small Cell Conditional Use/Zoning Permit shall not be renewed if the Facilities Operator or the Facilities are not in compliance with all applicable laws and regulations.
(e) Pursuant to Ohio R.C. Sections 4939.0314(E), a Small Cell conditional use/zoning 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 permits, unless the delay is caused by:
(1) Make-ready work for a municipally-owned Wireless Support Structure; or
(2) Due to the lack of commercial power or backhaul availability at the site, provided that the Operator had made a request for commercial power or backhaul services within sixty (60) days after the Small Cell conditional/zoning permit was grants. If the additional time to complete the installation exceeds three hundred sixty (360) days after the issuance of the permits, then the permits shall be deemed terminated regardless of the cause of the delay.
(f) A Small Cell Conditional Use/Zoning 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 Conditional Use/Zoning permits.
(g) A Small Cell Conditional Use/Zoning Permit may be terminated by the Facilities Operator at any time upon service of sixty (60) days written notice to the City.
(h) Upon termination of a small Cell Conditional Use/Zoning Permit, the Facilities Operator shall restore and rehabilitate the Right-of-Way to its former condition and utility.
(i) The City shall not issue any refunds for any amounts paid by the Facilities Operator upon termination of the permits.
(Ord. 2020-4053. Passed 1-7-21.)
1135.07 ANNUAL REGISTRATION.
(a) All Facilities Operators with consent to occupy or use the Right-of-Way shall register with the City each calendar year between January 1 and January 31 on a form provided by the City. The form will allow 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.
(b) The purpose of registration is to:
(1) Compile, update and supplement the City’s database so that the City has accurate information concerning the Facilities Operators that own or operate Facilities in the City’s public Right-of-Way;
(2) Assist the City 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) Assist the City in the collection and enforcement of any municipal taxes, fees, or other charges that may be due the City; and
(4) Assist the City in monitoring compliance with local, state and federal laws.
(c) Registration Forms shall require the following information:
(1) Any material changes to the information the Facilities Operator provided to the City in the Application for Small Cell Conditional Use/Zoning Permit including but not limited to:
A. The identity, legal status, and federal tax identification number of the Facilities Operator, including any affiliates or agents.
B. 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.
C. Evidence that the Facilities Operator is in compliance with the insurance, indemnity and financial surety requirements pursuant to this Chapter.
D. Such other information as the Zoning Inspector may reasonably require.
(2) In addition to the annual registration requirement, each Facilities Operator shall keep all required registration information current at all times and shall provide the City 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. 2020-4053. Passed 1-7-21.)
1135.08 NONCONFORMING FACILITIES.
(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.
(b) Any person or entity who owns or operates a Nonconforming Facility shall register such facility pursuant to Section 1135.07, within ninety (90) days of the date this Zoning Ordinance takes effect.
(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, and state and federal law and regulations.
(Ord. 2020-4053. Passed 1-7-21.)
1135.09 ABANDONED AND DAMAGED FACILITIES.
(a) A Facilities Operator shall provide written notice to the City 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 City may remove the Facilities at the expense of the Facilities Operator.
(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 City may repair or remove the Facilities at the expense of the Facilities Operator.
(Ord. 2020-4053. Passed 1-7-21.)
1135.10 INSURANCE REQUIREMENTS.
As a condition of the City’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 City, and its elected and appointed officers, officials, agents and employees as additional insureds;
(a) Comprehensive general liability insurance with limits not less than:
(1) Five million dollars ($5,000,000) for bodily injury or death to each persons;
(2) Five million dollars ($5,000,000) for property damage resulting from any one (1) accident; and
(3) Five million dollars ($5,000,000) for all other types of liability.
(b) Automobile liability for owned, non-owned and hired vehicles with a limit of three million dollars ($3,000,000) for each accident.
(c) Worker’s compensation within the statutory limits and employer’s liability insurance with limits of not less than one million dollars ($1,000,000).
(d) 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).
(e) 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 City, by registered mail, of a written notice addressed to the Zoning Inspector of such intent to cancel or not to renew.
(1) Within sixty (60) days after receipt by the City 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 City replacement insurance policies meeting the requirements of this subsection.
(2) Upon written application to the City Engineer, and written approval by the Safety-Service Director, Finance Director and Law Director, a Facilities Operator may be self-insured to provide all of the same coverage 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 City Engineer, Safety-Service Director, Finance Director and Law Director have made a complete review of the Facilities Operator’s financial ability to provide such self-insurance. As part of the review process, the Finance Director may require, and the Facilities Operator shall provide any and all financial documents necessary to enable the City Engineer, Safety-Service Director, Finance Director and Law Director to make a valid determination of the Facilities Operator’s ability to provide the level of protection against risk otherwise required under this Section.
(Ord. 2020-4053. Passed 1-7-21.)
1135.11 INDEMNIFICATION.
A facilities Operator shall indemnify, protect, defend, and hold the City 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 negligence 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 representative while installing, repairing, or maintaining Facilities in the Right-of-Way. (Ord. 2020-4053. Passed 1-7-21.)
1135.12 FINANCIAL SURETY.
(a) Each Facilities Operator must procure, maintain and provide to the City a bond, escrow, deposit, letter of credit, or other financial surety to ensure compliance with this Chapter and Ohio R.C. Chapter 3949. 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.
(b) The City may, in its sole discretion, draw on the financial surety to remove abandoned Facilities, remove abandoned, unused, or unsafe Facilities, or to repair damaged Facilities, or to repair damage to any City property caused by the Facilities Operator or its agent. In such event, the Facilities Operator shall cause the financial surety to be replenished to its prior amount within ten (10) business days after City notifies the Facilities Operator that it has drawn on the financial surety. (Ord. 2020-4053. Passed 1-7-21.)
1135.13 RESERVED SPACE.
Reserved Space. The City reserves the right to install, and permit others to install, Facilities 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 of plan approved by the City.
(Ord. 2020-4053. Passed 1-7-21.)
1135.14 REMOVAL OR RELOCATION OF FACILITIES.
(a) Consistent with Ohio R.C. 4939.08, the City may require a Facilities Operator to remove or relocate Facilities to accomplish construction and maintenance activities or to accommodate an expansion of the Right-of-Way. The Facilities Operator shall remove or relocate the Facilities at no cost to the City. If the Facilities Operator fails to remove or relocate the Facilities within ninety (90) days of receiving a request to do so from the City, then the City may remove the Facilities at Facilities Operator’s sole cost and expense, without further notice to the Facilities Operator.
(b) If the Facilities are placed in a location other than the location approved by the City, the Facilities Operator shall relocate the Facilities within thirty (30) days of receiving notice that the Facilities are located improperly.
(Ord. 2020-4053. Passed 1-7-21.)
1135.15 NOTICE OF WORK.
A Facilities Operator shall notify the Zoning Inspector of all non-emergency 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 City.
(Ord. 2020-4053. Passed 1-7-21.)
1135.16 REQUIRED CONSTRUCTION AND EXCAVATION PERMITS.
(a) Collocation of small cell equipment on a Wireless Support Structure;
(b) Replacement, modification, repair, or maintenance of Small Cell equipment;
(c) Construction, replacement, modification, repair, or maintenance of a Wireless Support Structure associated with a small cell facility; and
(d) Any excavation of the Right-of-Way in connection with the activities described in this subsection. (Ord. 2020-4053. Passed 1-7-21.)
1135.17 FEES.
The permit fee(s) shall be the fee(s) set forth in Section 901.02 of the City of Fremont Codified Ordinances. (Ord. 2020-4053. Passed 1-7-21.)
1135.18 WAIVER.
It is within the reasonable discretion of the City Safety-Service Director to waive any portion or portions of this Chapter, as permitted or warranted under state and federal law, where strict adherence with such requirements, in the judgment of the City Safety-Service Director is not necessary or appropriate to protect the City’s interests and the purposes and intent of this Chapter. (Ord. 2020-4053. Passed 1-7-21.)
1135.99 PENALTIES; EQUITABLE REMEDIES.
(a) Any Facilities Operator or other person or entity acting as the agent of a Facilities Operator found not to be in compliance 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 violation. A separate and distinct violation shall be deemed to have occurred each day during or on which a violation occurs or continues.
(b) The City may revoke the Small Cell Conditional Use/Zoning Permit of any Facilities Operator who violates, disobeys, omits, neglects, or refuses to comply with any provisions of this Chapter.
(c) Nothing in this Chapter shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this Chapter.
(Ord. 2020-4053. Passed 1-7-21.)