Ohio § 4939.0314

§ 4939.0314.

With respect to the placement of any small cell facility or wireless support structure

in a public way, a municipal corporation may do any of the following: (A) Reserve space for future public safety or transportation uses in the public way or

on a wireless support structure or pole owned by a municipal corporation in a documented

and approved plan in place at the time an application is filed.  A reservation of space shall not preclude placement of a pole or collocation of

a small cell facility.  If replacement of the municipal corporation's pole or wireless support structure

is necessary to accommodate the collocation of the small cell facility and the future

use, the operator shall pay for the replacement of the pole or wireless support structure,

and the replaced pole or wireless support structure must accommodate the future use. (B) Require reasonable and nondiscriminatory spacing requirements for the location of

new wireless support structures set forth in an ordinance, local rule, or design guidelines.  Such spacing requirements shall not prohibit, or have the effect of prohibiting,

the provision of wireless service to any location. (C) Adopt reasonable written design guidelines with objective, technologically feasible

criteria that reasonably match the aesthetics and character of the immediate area

regarding all of the following: (1) The location of any ground-mounted small cell facilities; (2) The location of a small cell facility on a wireless support structure; (3) The appearance and concealment of small cell facilities, including those relating

to materials used for arranging, screening, or landscaping; (4) The design and appearance of a wireless support structure including any height requirements

adopted by a municipality in accordance with division (F) of this section. Any such guidelines shall be applied in a nondiscriminatory manner.  Materials utilized to comply with the appearance and concealment criteria established

in the guidelines shall not be considered part of the small cell facility for purposes

of facility size restrictions in this chapter. (D) Propose an alternate location to the proposed location of a new wireless support

structure that is within one hundred feet of the proposed location or within a distance

that is equivalent to the width of the public way in or on which the new wireless

support structure is proposed, whichever is greater, which the operator shall use

if it has the right to use the alternate location on reasonable terms and conditions

and the alternate location does not impose technical limits or additional costs. (E) Require that a collocation or a new wireless support structure for which a permit

is granted shall be completed within one hundred eighty days after issuance of the

permit, unless the municipal corporation and the operator agree to extend this period

or a delay is caused by make-ready work for a municipally owned wireless support structure

or decorative pole or by the lack of commercial power or backhaul availability at

the site, provided that the operator has made a timely request within sixty days after

the issuance of the permit for commercial power or backhaul services, and the additional

time to complete installation does not exceed three hundred sixty days after issuance

of the permit.  Otherwise, the permit shall be void unless the municipal corporation grants an extension

in writing to the operator. (F) Set restrictions for the height of a wireless support structure and the placement

of a wireless facility as follows: (1) For a new wireless support structure, the overall height of the wireless support

structure and any collocated antennas shall not be more than forty feet in height

above ground level. (2) Notwithstanding division (F) of this section, and except that the cap shall not be

below thirty-five feet in height above ground level, a municipal corporation may adopt

design guidelines under division (C) of this section to cap the permissible height

of small cell facilities in areas meeting the following criteria: (a) The area is within three hundred feet of the proposed site for a new wireless support

structure in the same public way or a connecting public way, and there are no wireless

support structures or utility poles taller than thirty feet in height above ground

level; (b) The maximum allowable height for building construction in the underlying zoning district

is thirty-five feet in height above ground level or less. (3) For an existing wireless support structure, the antenna and any associated shroud

or concealment material are permitted to be collocated at the top of the existing

wireless support structure and shall not increase the height of the existing wireless

support structure by more than five feet. (G) Require an operator to comply with reasonable and nondiscriminatory requirements

that prohibit public utilities or cable operators from installing structures and facilities

in the public way because an area is either designated solely for undergrounding or

structures and facilities are required to be placed elsewhere in the public way, if

the following apply: (1) The municipal corporation has required all structures and facilities, including structures

and facilities owned by a municipal electric company, but not including structures

and facilities owned by a municipal corporation or a transit authority, to be placed

underground or elsewhere in the public way or a utility easement by a date certain

that is three months prior to the submission of the application; (2) Subject to the provisions of this chapter, the municipal corporation does not prohibit

the replacement of wireless support structures or the collocation of small cell facilities

on wireless support structures in the designated area; (3) The municipal corporation permits operators to seek a waiver of the undergrounding

or alternative location requirements for the placement of a new wireless support structure

to support small cell facilities if the operator is unable to achieve its service

objective using a small cell facility under the following circumstances: (a) From a location in the public way where the prohibition does not apply; (b) In a utility easement the operator has the right to access;  or (c) In or on other suitable locations or structures made available by the municipal corporation

at reasonable rates, fees, and terms.  A municipal corporation shall process waivers in a reasonable and nondiscriminatory

manner that does not have the effect of prohibiting the provision of wireless service. (H) Subject to section 4939.0313 of the Revised Code , and except for facilities excluded from evaluation for effects on historic properties

under 47 C.F.R. 1.1307(a)(4) of the federal communications commission's rules, a municipal corporation may require

reasonable, technically feasible, and nondiscriminatory design or concealment measures

in an historic district.  Any such design or concealment measures may not have the effect of prohibiting any

operator's technology, nor may any such measures be considered a part of the small

cell facility for purposes of the size restrictions in the definition of small cell

facility. (I) If multiple requests are received by the municipal corporation to install two or

more poles that would violate applicable spacing requirements under division (B) of

this section, or to collocate two or more small cell facilities on the same wireless

support structure, notwithstanding division (I) of section 4939.0313 of the Revised Code , the municipal corporation may resolve conflicting requests through whatever reasonable

and nondiscriminatory manner the municipal corporation deems appropriate. (J) Impose reasonable requirements for bonds, escrow deposits, letters of credit, or

any other type of financial surety to ensure removal of abandoned or unused wireless

facilities or damage to municipal property caused by an operator or its agent.