Small wireless facilities shall be classified as permitted uses and subject to administrative review, except as provided in §
40-1-7(I) regarding height exceptions or variances, but not subject to zoning review or approval if they are co-located in rights-of-way in any zoning district, or outside rights-of-way in property zoned exclusively for commercial or industrial use.
An applicant shall obtain one or more permits from the Village
to co-locate a small wireless facility. An application shall be received
and processed, and permits issued shall be subject to the following
conditions and requirements:
(A) Application Requirements.
(1)
A wireless provider shall provide the following information
to the Village, together with the Village's small cell facilities
permit application, as a condition of any permit application to co-locate
small wireless facilities on a utility pole or wireless support structure:
(a)
Site specific structural integrity and, for a municipal utility
pole, make-ready analysis prepared by a structural engineer, as that
term is defined in Section 4 of the Structural Engineering Practice
Act of 1989;
(b)
The location where each proposed small wireless facility or
utility pole would be installed and photographs of the location and
its immediate surroundings depicting the utility poles or structures
on which each proposed small wireless facility would be mounted or
location where utility poles or structures would be installed. This
should include a depiction of the completed facility;
(c)
Specifications and drawings prepared by a structural engineer,
as that term is defined in Section 4 of the Structural Engineering
Practice Act of 1989, for each proposed small wireless facility covered by the
application as it is proposed to be installed;
(d)
The equipment type and model numbers for the antennas and all
other wireless equipment associated with the small wireless facility;
(e)
A proposed schedule for the installation and completion of each
small wireless facility covered by the application, if approved; and
(f)
Certification that the co-location complies with the co-location
requirements and conditions contained herein, to the best of the applicant's
knowledge.
(g) Certification by a radio engineer that a new, replacement or modified
small wireless facility operates within all applicable FCC standards.
[Added at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
(2)
In the event that the proposed small wireless facility is to
be attached to an existing pole owned by an entity other than the
Village, the wireless provider shall provide legally competent evidence
of the consent of the owner of such pole to the proposed co-location.
(B) Application Process. The Village shall process applications as follows:
(1)
The first completed application shall have priority over applications
received by different applicants for co-location on the same utility
pole or wireless support structure.
(2)
Co-Location on Existing Pole or Support Structure.
(a)
An application to co-locate a small wireless facility on an
existing utility pole or wireless support structure, or replacement
of an existing utility pole or wireless support structure shall be
processed on a nondiscriminatory basis and shall be deemed approved
if the Village fails to approve or deny the application within 90
days after the submission of a completed application.
(b)
However, if an applicant intends to proceed with the permitted
activity on a deemed approved basis, the applicant shall notify the
Village, in writing, of its intention to invoke the deemed approved
remedy no sooner than 75 days after the submission of a completed
application.
(c)
The permit shall be deemed approved on the latter of the 90th
day after submission of the complete application or the 10th day after
the receipt of the deemed approved notice by the Village. The receipt
of the deemed approved notice shall not preclude the Village's denial
of the permit request within the time limits as provided under this
article.
(d) FCC regulation provides that an application to co-locate a small
wireless facility using an existing structure shall be granted or
denied within 60 days of submission of a completed application. Delays
beyond that time limit are available only in exceptional circumstances.
These FCC time limits may be enforced through litigation.
[Added at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
(3)
Co-Location Including Installation of New Pole.
(a)
An application to co-locate a small wireless facility that includes
the installation of a new utility pole shall be processed on a nondiscriminatory
basis and deemed approved if the Village fails to approve or deny
the application within 120 days after the submission of a completed
application.
(b)
However, if an applicant intends to proceed with the permitted
activity on a deemed approved basis, the applicant shall notify the
Village, in writing, of its intention to invoke the deemed approved
remedy no sooner than 105 days after the submission of a completed
application.
(c)
The permit shall be deemed approved on the latter of the 120th
day after submission of the complete application or the 10th day after
the receipt of the deemed approved notice by the Village. The receipt
of the deemed approved notice shall not preclude the Village's denial
of the permit request within the time limits as provided under this
article.
(d) FCC regulation provides that an application to co-locate a small
wireless facility using a new structure shall be granted or denied
within 90 days of submission of a completed application. Delays beyond
that time limit are available only in exceptional circumstances. These
FCC time limits may be enforced through litigation.
[Added at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
(4)
Denial Of Application; Conditional Approval; Revised Applications.
(a)
The Village shall deny an application which does not meet the
requirements of this article.
(b)
If the Village determines that applicable codes, ordinances
or regulations that concern public safety or the co-location requirements
and conditions contained herein require that the utility pole or wireless
support structure be replaced before the requested co-location, approval
shall be conditioned on the replacement of the utility pole or wireless
support structure at the cost of the provider.
(c)
The Village shall document the basis for a denial, including
the specific Code provisions or application conditions on which the
denial is based, and send the documentation to the applicant on or
before the day the Village denies an application.
(d)
The applicant may cure the deficiencies identified by the Village
and resubmit the revised application once within 30 days after notice
of denial is sent to the applicant without paying an additional application
fee. The Village shall approve or deny the revised application within
30 days after the applicant resubmits the application or it is deemed
approved. Failure to resubmit the revised application within 30 days
of denial shall require the applicant to submit a new application
with applicable fees, and recommencement of the Village's review period.
(e)
The applicant must notify the Village, in writing, of its intention
to proceed with the permitted activity on a deemed approved basis,
which may be submitted with the revised application.
(f)
Any review of a revised application shall be limited to the
deficiencies cited in the denial. However, this revised application
does not apply if the cure requires the review of a new location,
new or different structure to be co-located upon, new antennas, or
other wireless equipment associated with the small wireless facility.
(5)
Pole Attachment Agreement. Within 30 days after an approved
permit to co-locate a small wireless facility on a municipal utility
pole, the Village and the applicant shall enter into a master pole
attachment agreement, provided by the Village for the initial co-location
on a municipal utility pole by the applicant. For subsequent approved
permits to co-locate on a small wireless facility on a municipal utility
pole, the Village and the applicant shall enter into a license supplement
of the master pole attachment agreement.
(C) Completeness of Application.
(1)
Within 30 days after receiving an application, the Village shall
determine whether the application is complete and notify the applicant.
If an application is incomplete, the Village must specifically identify
the missing information. An application shall be deemed complete if
the Village fails to provide notification to the applicant within
30 days after all documents, information and fees specifically enumerated
in the Village's permit application form are submitted by the applicant
to the Village. FCC regulation allows 10 days for determination of
completion, and that ten-day time frame replaces the thirty-day period
provided in the state's Small Wireless Facilities Deployment Act.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
(2)
Processing deadlines are tolled from the time the Village sends
the notice of incompleteness to the time the applicant provides the
missing information.
(D) Tolling. The time period for applications may be further tolled by:
(1)
An express written agreement by both the applicant and the Village;
or
(2)
A local, state or federal disaster declaration or similar emergency
that causes the delay.
(E) Consolidated Applications.
(1)
An applicant seeking to co-locate small wireless facilities
within the jurisdiction of the Village shall be allowed, at the applicant's
discretion, to file a consolidated application and receive a single
permit for the co-location of up to 25 small wireless facilities if
the co-locations each involve substantially the same type of small
wireless facility and substantially the same type of structure.
(2)
If an application includes multiple small wireless facilities,
the Village may remove small wireless facility co-locations from the
application and treat separately small wireless facility co-locations
for which incomplete information has been provided or that do not
qualify for consolidated treatment or that are denied. The Village
may issue separate permits for each co-location that is approved in
a consolidated application.
(F) Duration of Permits.
(1)
The duration of a permit shall be for a period of not less than
five years, and the permit shall be renewed for equivalent durations
unless the Village makes a finding that the small wireless facilities
or the new or modified utility pole do not comply with the applicable
Village codes or any provision, condition or requirement contained
in this article.
(2)
If the Act is repealed as provided in Section 90 therein, renewals of permits shall be subject to the applicable
Village Code provisions or regulations in effect at the time of renewal.
(G) Means of Submitting Applications. Applicants shall submit applications,
supporting information and notices to the Village by personal delivery
at the Village's designated place of business, by regular mail postmarked
on the date due or by any other commonly used means, including electronic
mail.
Application fees are imposed as follows:
(A) The applicant shall pay an application fee of $650 for an application
to co-locate a single small wireless facility on an existing utility
pole or wireless support structure, and $350 for each small wireless
facility addressed in a consolidated application to co-locate more
than one small wireless facility on existing utility poles or wireless
support structures. The fees established by this article are equal
to the limit imposed by the Act and represent a reasonable approximation
of the municipality’s objectively reasonable costs. The municipality
shall regularly review the fees imposed and may adjust the fees by
further amendment to this article. The safe harbor rate established
by the FCC of $500 for up to five wireless facilities and $100 for
each additional facility in a consolidated application may be exceeded
only if justified based on the municipality’s reasonable approximation
of its costs.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
(B) The applicant shall pay an application fee of $1,000 for each small
wireless facility addressed in an application that includes the installation
of a new utility pole for such co-location.
(C) Notwithstanding any contrary provision of state law or local ordinance,
applications pursuant to this article shall be accompanied by the
required application fee. Application fees shall be nonrefundable.
(D) The Village shall not require an application, approval or permit,
or require any fees or other charges, from a communications service
provider authorized to occupy the rights-of-way for:
(2)
The replacement of wireless facilities with wireless facilities that are substantially similar, the same size, or smaller, if the wireless provider notifies the Village at least 10 days prior to the planned replacement and includes equipment specifications and certifications consistent with §
40-1-6(A); or
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
(3)
The installation, placement, maintenance, operation or replacement
of micro wireless facilities suspended on cables that are strung between
existing utility poles in compliance with applicable safety codes.
(E) Wireless providers shall secure a permit from the Village to work
within rights-of-way for activities that affect traffic patterns or
require lane closures.