Title
AN ORDINANCE AMENDING PART TEN, "STREETS, UTILITIES AND PUBLIC SERVICES CODE" OF THE CODIFIED ORDINANCES, TO ADD NEW CHAPTER 1020 TO REGULATE SMALL CELL FACILITIES AND WIRELESS SUPPORT STRUCTURES IN PUBLIC WAYS; AND DECLARING AN EMERGENCY. (As Revised 7/17/2018)
Executive Summary: This Ordinance will amend Title Two of Part Ten, the Streets, Utilities and Public Services Code of the Codified Ordinances, to add a new Chapter 1020 to respond to the State of Ohio's recent passage of Substitute House Bill 478 ("HB 478") concerning small cell facilities in public ways of municipalities
Body
Legislative History
None.
Purpose & Explanation
Pursuant to HB 478, Ohio Revised Code Chapter 4939 related to use of public rights-of-way by public utilities was amended to adopt special provisions related to requiring municipalities to permit small cell facilities and the wireless support structures therefor (i.e., generally, poles) in public ways within a municipality's boundaries. HB 478 provides municipalities with certain regulatory authority with respect to the installation, maintenance, replacement and removal of these facilities and structures, as well as design guidelines to be adopted or promulgated by the municipality.
This proposed Ordinance is one of two ordinances being proposed at this time to take full advantage of the regulatory authority provided by HB 478 and the City's home rule authority. This Ordinance provides the regulatory framework and substantive rules for applications for small cell facilities and their support structures/poles. The other Ordinance being proposed to Council at this time adopts design guidelines for small cell facilities and support structures/poles. Both Ordinances are being proposed to balance the provision of reasonable wireless services and the protection of the public health, safety and general welfare, including protection of property values in the City.
Timing Considerations
This Ordinance will be effective upon pa...
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