For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires another meaning.
ACT. The Small Wireless Communication Facilities Deployment Act, M.C.L. §§ 460.1301, et seq., Act 365 of 2018.
AUTHORIZATION. Permission from the village to do work in the public rights-of-way, maintain facilities in the public rights-of-way, or deploy a small cell wireless facility in the village. Includes but is not limited to a license, a permit, a letter, or construction drawing approval. Multiple authorizations may be required for certain activities.
COLLOCATE. To install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to an existing wireless support structure or utility pole. Collocate does not include make-ready work or the installation of a new utility pole or new wireless support structure.
CONTRACTOR. Includes any of the following licensed entities performing work on an owner's behalf: contractor; subcontractor; or any employee or agent of a contractor, subcontractor, or owner.
DEPARTMENT. Any village administration.
EMERGENCY. A condition that poses a clear and immediate danger to life or health, or a significant loss of property, or requires immediate repair to restore service to a group of users of a utility service.
EMERGENCY WORK. The replacement or repair of damage to active facilities, including main lines and services, where all Miss Dig (811 dig) requirements are met.
EXCAVATE. Without limitation, any cutting, digging, grading, tunneling, boring, or other alteration of the surface or subsurface material or earth in the public way.
FACILITIES. Poles, pipes, culverts, conduits, ducts, cables, wires, fiber, amplifiers, pedestals, antennas, transmission or receiving equipment, other electronic equipment, electrical conductors, manholes, appliances, signs, pavement structures, irrigation systems, landscaping, monument signs, monument mailboxes and any other similar equipment, for public or private use.
LICENSE. A village approved right-of-way use for a wireless facility granted pursuant to a fully executed right-of-way wireless franchise agreement adopted by resolution of the Village Board, also referred to as a franchise license.
MAKE-READY WORK. Work necessary to enable an authority pole or utility pole to support collocation, which may include modification or replacement of utility poles or modification of lines.
MICRO WIRELESS FACILITY. A small cell wireless facility that is not more than 24 inches in length, 15 inches in width, and 12 inches in height and that does not have an exterior antenna more than 11 inches in length.
OWNER. Any property owner, company owner, or any entity by which work within the public rights-of-way has been ordered, or any entity on behalf of which any work within the public right-of-way is caused to be performed, or any agent thereof.
PERSON. An individual, association, firm, partnership, limited liability company, joint venture, corporation, government, utility, or other organized entity able to contract for the activities described in this chapter, whether for profit or not for profit. The term does not include the village.
PUBLIC RIGHTS-OF-WAY OR ROW. The area on, below, or above a public roadway, highway, street, alley, bridge, sidewalk, or utility easement dedicated for compatible uses. Public right- of-way does not include any of the following:
(1) A private right-of-way.
(2) A limited access highway.
(3) Land owned or controlled by a railroad as defined in Section 109 of the Railroad Code of 1993, 1993 PA 354, M.C.L. § 462.109.
(4) Railroad infrastructure.
SMALL CELL WIRELESS FACILITY. A wireless facility that meets both of the following requirements:
(1) Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements would fit within an imaginary enclosure of not more than six cubic feet.
(2) All other wireless equipment associated with the facility is cumulatively not more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: 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.
UTILITY POLE. A pole or similar structure that is or may be used in whole or in part for cable or wireline communications service, electric distribution, lighting, traffic control, signage, or a similar function, or a pole or similar structure that meets the height requirements in section 13(5) of the act and is designed to support small cell wireless facilities. Utility pole does not include a sign pole less than 15 feet in height above ground.
(1) A utility pole in the ROW installed or modified on or after the effective date of this act shall not exceed 40 feet above ground level unless taller height is agreed to by the village.
(2) A small cell wireless facility in the ROW installed or modified after the effective date of this act shall not extend more than five feet above a utility pole or wireless support structure on which the small cell wireless facility is collocated.
WIRELESS FACILITY. Equipment at a fixed location that enables the provision of wireless services between user equipment and a communications network including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. Wireless facility includes a small cell wireless facility. Wireless facility does not include:
(1) The structure or improvements on, under, or within which the equipment is collocated,
(2) A wireline backhaul facility, or
(3) Coaxial or fiber-optic cable between utility poles or wireless support structures or that otherwise is not immediately adjacent to or directly associated with a particular antenna.
WIRELESS INFRASTRUCTURE PROVIDER. Any person, including a person authorized to provide telecommunications services in this state but not including a wireless services provider, that builds or installs wireless communication transmission equipment, wireless facilities, or small cell wireless support structures and who, when filing an application with the village under the Small Wireless Facilities Deployment Act, M.C.L. §§ 460.1301, et seq., Act 365 of 2018, provides written authorization to perform the work on behalf of a wireless services provider.
WIRELESS PROVIDER. A wireless infrastructure provider or a wireless services provider. Wireless provider does not include an investor-owned utility whose rates are regulated by the Michigan Public Service Commission ("MPSC").
WIRELESS SERVICES. Any services, provided using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile location.
WIRELESS SERVICES PROVIDER. A person that provides wireless services.
WIRELESS SUPPORT STRUCTURE. A freestanding structure designed to support, or capable of supporting, small cell wireless facilities. Wireless support structure does not include a utility pole.
(Ord. 271, passed 9-19-23)