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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)
(A) No wireless providers shall occupy, wholly or in part, the streets, alleys, or public rights-of-way within the village without first receiving a permit for that purpose. No wireless provider shall install, collocate, or construct a facility outside the streets, alleys or public right-of-way within the village without receiving permit for that purpose.
(B) No wireless providers shall attach, alter, or modify a village-owned pole or wireless support structure without entering into a license agreement with the village.
(C) The village may establish appropriate requirements for new permits, licenses, and ordinance requirements consistent with state and federal law, and may modify the requirements of this chapter from time to time to reflect changes in the industry. The village further retains the right to make any modifications based on court rules, injunctions, or statutory amendments addressing the federal and state law mandates requiring the village to provide this process under its current regulations. The village further reserves any constitutional or statutory challenges it may have under federal and state law to the process mandated by the act and federal law, despite its efforts to comply with the law. If any changes to state or federal law allow the village to take a more restrictive approach, the village reserves the right to alter current franchises, consent, permits and licenses.
(D) Notwithstanding any other provisions of this chapter to the contrary, a wireless provider shall at all times comply with all laws and regulations of the state and federal government or any administrative agencies thereof. Provided, however, if any such state or federal law or regulation shall require a wireless provider to perform any service, or shall permit a provider to perform any service, or shall prohibit a wireless provider from performing any service, in conflict with the terms of this chapter or of any law or regulation of the village, then as soon as possible following knowledge thereof, a wireless provider shall notify the village of the point of conflict believed to exist between such regulation or law and the laws or regulations of the village. If such conflict is discovered upon review by the village or upon notice by the provider of such conflict, then the Village Board of Trustees may waive the requirements of this chapter for any permit or license during review and approval of an application for a permit.
(E) Subject to this chapter, wireless providers may occupy and use the public rights-of-way to collocate small cell wireless facilities to provide wireless services upon, along, over and under the public rights-of-way in the village such that such collocations do not inhibit other utility installations within the public rights-of-way. The village retains its right to impose fees and compensation consistent with federal and state law.
(F) Wireless providers shall pay taxes for telecommunications services that are subject to taxation.
(G) Use of the public rights-of-way is allowed only to the extent the village itself possesses such rights.
(H) Wireless providers shall obtain approvals legally necessary to use the public rights-of- way from owners, other than the village, of property interests in the public rights-of-way or adjacent to the roadway system located within the village. To the extent any wireless provider obtains approval through a statutory authorization, as opposed to review and approval by the village, the wireless provider's placement or location of any small cell wireless facility, wireless facility, and utility pole within the village's public rights-of-way shall comply with the general and specific design and location requirements of this chapter, or any relevant zoning requirements.
(I) No wireless provider shall have the exclusive right or privilege to occupy or use the public rights-of-way for delivery of wireless services or any other purpose.
(J) The village reserves all rights to use the public rights-of-way for any purpose not prohibited by law, including the provision of wireless services, and all rights to grant authorizations to any other person(s), including any wireless provider, to use the public rights-of-way.
(K) Wireless providers shall have no right, title, or interest in the public rights-of-way, and any permit or license provided by the village provides no right, title, or interest to occupy any space outside of the public rights-of-way or any private property not owned by the village.
(L) Wireless providers use of the public rights-of-way shall not divest the village of any interest in the public rights-of-way.
(M) The village does not warrant its legal interest in the public rights-of-way.
(N) Nothing in this chapter shall be deemed or construed to stop or limit the village from exercising any regulatory, police, governmental, or legislative function pursuant to applicable law, which powers include, but are not limited to, the authority to enact regulations, ordinances, rules, and orders not prohibited by state or federal law that affect the public rights-of-way or a wireless provider's use of the public rights-of-way.
(O) The terms of this chapter do not permit the wireless provider to operate a cable system or to provide cable service, as those terms are defined by Section 602 of the Cable Communications Policy Act of 1984, as amended (47 U.S.C. Section 522), or install any wires or facilities that are required to be permitted under the METRO Act, Public Act 48 of 2002, M.C.L. § 484.310, without satisfying any additional legal requirements.
(P) This chapter only permits the wireless provider, upon obtaining required approvals and permits, to place its small cell wireless facilities in those portions of the public right-of-way, or in other locations outside the public right-of-way, approved by the village.
(Q) Under no circumstances shall any wireless provider be permitted to place small cell wireless facilities on any building that is on the National Register of Historic Places, pursuant to 47 C.F.R. § 1.1307(a)(4).
(R) Collocation of small cell wireless facilities shall commence within six months of permit issuance and shall be activated for use no later than one year from the permit issuance date. Failure to commence collocation within six months of permit issuance shall void said permit. A small cell wireless facility located in the public right-of-way that is not activated within one year of permit issuance shall be considered abandoned and shall be removed from the public right-of-way at the wireless provider's sole expense.
(S) A wireless provider shall notify the village in writing of the location and date that any wireless facility located in the village whose use will be discontinued. If the use of the facility is discontinued for 180 days without notice from the owner/operator or the owner of the property or other information indicates that the facility is not in use, the village may declare the facility abandoned. The village will provide notice and provide the wireless provider an opportunity to show cause before the Village Manager as to why the wireless facility should not be removed. Following determination of the Village Manager, the village may take the necessary steps to remove the facilities from the village's public right-of-way.
(T) Assignment; transfer. No permit may be transferred or assigned by a wireless provider without the village's express written permission until the construction and installation of all permitted small cell wireless facilities is completed. After completion of such construction, a wireless provider must provide notice to the village no later than 30 days after any assignment or transfer.
(Ord. 271, passed 9-19-23)
(A) Franchise license required. Based on the village's constitutional and proprietary rights and interests in its public rights-of-way and the reasonable control thereof under Article VII, Section 29 of the Michigan Constitution of 1963, the Village Charter, and other applicable laws, wireless facilities shall not be installed, used, operated, or maintained in a public right-of-way without a franchise license in a form and with such terms and conditions established by resolution of the Village Board. Such franchise license shall be applied for and obtained by each person or entity that will own, and each wireless provider that will be a user of the wireless facilities. Nothing herein shall be interpreted to require the village to issue a franchise license and the village reserves to itself discretion to grant, deny or modify a request for a license as it determines to be in the best interest of the village and its citizens taking into account such proprietary, safety and fiduciary interests as it deems warranted. This license shall be executed before any permit is applied for or issued.
(B) Permit requirement. Except as otherwise provided in the act, a wireless provider seeking to use public rights-of-way in the village for its small cell wireless facilities (including collocation, or installing or replace a utility pole), to collocate small cell wireless facilities outside the public rights-of-way, or to install new wireless support structures or modify existing wireless support structures shall apply for and obtain a permit pursuant to this section.
(C) Limitations on facilities in application. No more than 20 small cell wireless facilities may be included in a single permit application.
(D) Application. A wireless provider shall apply for a permit on an application form made available by the Clerk’s Department. A wireless provider shall file four copies of the application with the Clerk’s Department, who shall distribute one copy to the supervisor, one copy to the Engineering & Environmental Services Department, one copy to the Planning, Building and Ordinance Department, and one copy to the Village Attorney. Applications shall be complete and include all required information. An application is not considered complete until all required materials have been submitted and accepted by the village. At a minimum, the applications shall require submission of the following:
(1) Applicant contact information, including an address, phone contact, 24-hour emergency contact information, e-mail address (which shall be used to receive application updates from the village), and any applicable license numbers;
(2) Applicant's contractor and subcontractor information, including the names, addresses, phone contact, e-mail addresses, emergency contact numbers, and name of the supervisor(s) assigned to any facility project of all contractors or subcontractors that will work within the village's public rights-of-way under a permit;
(3) Number of wireless facilities that will be deployed;
(4) The scope of the deployment, including whether the deployment is a modification of a current facility or utility pole, collocation on an existing utility pole or wireless support structure, or installation of a new or replacement wireless support structure or utility pole;
(5) GIS maps and coordinates detailing locations for each proposed small cell wireless facility and related facilities associated with each facility;
(6) Site plan at a scale not smaller than one-inch equals 20 feet with dimensions showing the following:
(a) Proposed location, including nearest cross street intersection;
(b) Height of the proposed facility;
(c) The distance of the proposed facilities and the nearest property line, roadways, rights-of-way, and utilities within the rights-of-way; and
(d) Any other proposed improvements that are part of the deployment.
(7) An application fee as established by the Village Board;
(8) Executed permit and consent agreement for access to and use of the public rights-of-way located in the village, if applicable;
(9) Specification sheets for all attachments and equipment that will be located within the village, including the dimensional size of the small cell wireless facility and all other wireless equipment;
(10) Attachment drawings and demonstrations of each type of installation, including photograph simulations showing collocations, new or replacement utility poles, wireless support structures and concealment and design characteristics satisfying this chapter;
(11) Pole loading analysis if being collocated on a utility pole located in a right- of-way in the village or wireless support structure;
(12) Attestation that the small cell wireless facilities will be operational for use by a wireless services provider within one year after the permit issuance date;
(13) Work plan describing the location of the proposed work, the work to be performed, the limits of disturbance to the public right-of-way and the method and materials to be used;
(14) Landscape plans for ground-mounted facilities, if applicable;
(15) Site/structure remediation plans for restoring any public property after removal of the wireless facilities, if applicable;
(16) Certificate of compliance with FCC radio frequency emission regulations;
(17) For all new utility poles, replacement utility poles, and wireless support structures, demonstration of compliance with ANSI/TIA 222-G-2 standards;
(18) For all new utility poles, replacement utility poles, and wireless support structures owned by applicant, the applicant shall cooperate with a collector request for structural data to determine if attachment is feasible;
(19) When the village receives an application to place a new utility pole, the village may propose an alternate location within the right-of-way or on property or structures owned or controlled by the village within 75 feet of the proposed location to either place the new utility pole or collocate on an existing structure. The applicant shall use the alternate location if, as determined by the applicant, the applicant has the right to do so on reasonable terms and conditions and the alternate location does not impose unreasonable technical limits or significant additional costs;
(20) To the extent available, identify other known permits related to the deployment, including any applicable METRO Act application and permit, related to the small cell wireless facility; and permits required by RCOC or MDOT or other right-of-way, private property, or wireless support structure owner;
(21) For deployments in residential or non-residential districts, documentation of compliance with design and location requirements;
(22) For deployments in the public right-of-way, documentation showing adequate insurance, including the village listed as an additional insured;
(23) A performance bond meeting the requirements of this chapter; and
(24) Any additional information requested by the village.
(E) Confidential information. If a wireless provider claims that any portion of the information submitted by it as part of its application contains trade secret, proprietary, or confidential information, which is exempt from the Freedom of Information Act (M.C.L. §§ 15.231, et seq.), the wireless provider shall prominently so indicate on the application and on the confidential documents.
(F) Application fee. Except as otherwise provided by the act, the application shall be accompanied by a one-time nonrefundable application fee in the amount as established by the Village Board of Trustees.
(G) Permit approval process. Permit applications shall comply with the following process.
(1) Pre-meeting. Prior to submission of an application, the village strongly prefers a wireless provider meet with the village to discuss the application process, a wireless provider's intended deployment, and the requirements of this chapter.
(2) Submission. After the pre-meeting is conducted, the wireless provider may file the application, including all required documents, fees, and information.
(3) Initial review for completeness. Submitted applications will first be reviewed for completeness to ensure that all required information is included. If an application is deemed incomplete, the village will provide written notice to the wireless provider which clearly delineates all missing documents or information. Any applicable statutory review times will be tolled from the time the wireless provider receives notice from the village that the application is incomplete until the village receives a supplemental submission.
(4) Review by village staff. Once an application is deemed complete, it will be reviewed by the Engineering & Environmental Services Department, Planning Building & Ordinance Department, the Village Attorney, and any other designees of the supervisor.
(5) Post-application meeting. If review by the village raises any issues or concerns, meetings with the wireless provider and relevant members of the village staff may be requested. The wireless provider is requested to attend this meeting.
(6) Final approval. Upon the conclusion of the village's review, the supervisor or his/her designee will review the application and any recommendations from village staff. If the supervisor or his/her designee is satisfied that all the requirements of this chapter are satisfied, the supervisor will approve the application.
(7) Issuance of permit. Once an application is approved by the supervisor or his/her designee, the Clerk’s Office shall issue a permit granting the wireless provider authority to deploy the small cell wireless facility, utility pole, or relocated wireless support structures within the village, including use of the public rights-of-way, if applicable.
(8) Notice of completion. Wireless provider will notify the village within 48 hours after completing the work allowed by the permit.
(9) Final inspection. Within 30 days after receiving notice that the wireless provider has completed the work under the permit, the village will inspect the wireless provider's facilities and make a written report as to the satisfaction of the permit, the village code, any applicable agreements and state and federal law.
(H) Timeline for review. Applications will be processed consistent with the following timelines:
(1) Collocation requests. Applications requesting to collocate small cell wireless facilities on utility poles or wireless support structures located within the public right-of-way will be approved or denied within 60 days after the date the application is submitted, subject to the following:
(a) The village will determine whether the application is complete within 25 days after the application is submitted. The village will provide written notice to the wireless provider if the application is deemed incomplete and a supplemental response is required.
(b) If a supplemental response is required, the village's deadline for approving or denying the application will be tolled by however many days it takes for the wireless provider to submit a supplemental response to the village after receiving notice that the wireless provider's application was incomplete. The village will notify the wireless provider whether the application remains incomplete within ten days of receiving a supplemental response. If more than one supplemental response is required, the deadline for approving or denying the application will continue to be tolled by the number of days from when the wireless provider receives notice of incompleteness from the village to when the village receives a supplemental submission from the wireless provider.
(c) The village may add 15 days to the deadline for approving or denying the application if another wireless provider also submitted an application within seven days of the date of the submission of the application in question.
(d) The village may extend the deadline for approving or denying the application by an additional 15 days if the village notifies the wireless provider in writing that an extension is needed and the reasons for the extension.
(e) If the village denies a completed application, it will provide written notice explaining the reason for denial. The wireless provider may cure the identified deficiencies and resubmit its application within 30 days after the denial without paying an additional fee. The village will approve or deny the revised application within 30 days after receiving the revised application.
(f) The deadline for approving or denying the application may be extended by mutual agreement between the village and the wireless provider.
(2) Requests to install a new or replacement utility pole. Applications requesting to install a new or replacement utility pole and associated small cell wireless facility within the public right-of-way will be approved or denied within 90 days after the date the application is submitted. The village will determine whether the application is complete, deny the application, and review and consider a revised application as provided for collocation requests.
(3) Requests to install facilities outside the ROW or to modify wireless support structures. Applications to install or modify small cell wireless facilities outside of the public right-of- way and applications to modify wireless support structures to be used for small cell wireless facilities outside of the right-of-way will be approved or denied within 90 days after the date the application is submitted, subject to the following:
(a) The village will determine whether the application is complete within 30 days after the application is submitted. The village will provide written notice to the wireless provider if the application is deemed incomplete and a supplemental response is required.
(b) If a supplemental response is required, the village's deadline for approving or denying the application will be tolled by however many days it takes for the wireless provider to submit a supplemental response to the village after receiving notice that the wireless provider's application was incomplete. The village will notify the wireless provider whether the application remains incomplete within ten days of receiving a supplemental response. If more than one supplemental response is required, the deadline for approving or denying the application will continue to be tolled by the number of days from when the wireless provider receives notice of incompleteness from the village to when the village receives a supplemental submission from the wireless provider.
(c) The deadline for approving or denying the application may be extended by mutual agreement between the village and the wireless provider.
(4) Requests to install new wireless support structures. Applications to install or construct new wireless support structures to be used for small cell wireless facilities which require zoning review pursuant to this chapter and M.C.L. § 460.1317 will be approved or denied within 150 days after the date the application is submitted, subject to the following:
(a) The village will determine whether the application is complete within 30 days after the application is submitted. The village will provide written notice to the wireless provider if the application is deemed incomplete and a supplemental response is required.
(b) If a supplemental response is required, the village's deadline for approving or denying the application will be tolled by however many days it takes for the wireless provider to submit a supplemental response to the village after receiving notice that the wireless provider's application was incomplete. The village will notify the wireless provider whether the application remains incomplete within ten days of receiving a supplemental response. If more than one supplemental response is required, the deadline for approving or denying the application will continue to be tolled by the number of days from when the wireless provider receives notice of incompleteness from the village to when the village receives a supplemental submission from the wireless provider.
(c) The deadline for approving or denying the application may be extended by mutual agreement between the village and the wireless provider.
(5) The village shall not require a permit or any other approval or required fees or rates for any of the following:
(a) The replacement of a small cell wireless facility with a small cell wireless facility that is not larger or heavier, in compliance with applicable codes.
(b) Routine maintenance of a small cell wireless facility, utility pole, or wireless support structure.
(c) The installation, placement, maintenance, operation, or replacement of a micro wireless facility that is suspended on cables strung between utility poles or wireless support structures in compliance with applicable codes.
(I) Standards for review for deployments within the public rights-of-way. The village may grant or deny the location and installation of any small cell wireless facility, utility pole, or wireless support structure to be installed within the public rights-of-way, if installation would:
(1) Materially interfere with the safe operation of traffic control equipment.
(2) Materially interfere with sight lines or clear zones for transportation or pedestrians.
(3) Materially interfere with compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, or similar federal, state, or local standards regarding pedestrian access or movement.
(4) Materially interfere with or endanger the use of village safety path, sidewalks, bike paths, walkways, parks, or recreational areas used by village residents.
(5) Materially interfere with maintenance or full unobstructed use of the village's public utility infrastructure.
(6) Materially interfere with maintenance or full unobstructed use of the village's drainage infrastructure as it was originally designed, or not be located a reasonable distance from the drainage infrastructure to ensure maintenance.
(7) Fail to comply with spacing requirements as set forth in this chapter.
(8) Fail to comply with applicable codes.
(9) Fail to comply with design and concealment requirements as set forth in this chapter.
(Ord. 271, passed 9-19-23)
Small cell wireless facilities, related equipment and accessories, utility poles and wireless support structures shall comply with the following design and concealment standards:
(A) Compatible design. All small cell wireless facilities and related equipment must use materials, colors, textures, and screening so as to be aesthetically and architecturally compatible with the surrounding environment (i.e., existing street lights, traffic control devices, and utility poles).
(B) Lighting. Facilities, utility poles or wireless support structures shall not be artificially lighted. If lighting is required, the lighting fixtures and installation must cause the least disturbance to surrounding properties.
(C) Collocation. Any wireless provider must openly allow another provider to collocate upon its wireless facility, unless physically or technically infeasible, under rates.
(D) Ancillary facility equipment. All other wireless equipment with the facility shall be designed and painted to satisfy this section. The equipment will be required by the village to be located underground in any locations where the equipment will be visible from adjacent roadways and lots and public electrical utility lines are already placed underground. Where underground placement of equipment is not required or would impair service, above ground placement is permitted upon the village's approval. Ground-mounted equipment shall comply with the following:
(1) All equipment shall be completely concealed from view within an enclosed cabinet. Cabinets must be compatible in color and design to match existing infrastructure and architecture.
(2) So as not to impede or impair public safety or the legal use of the public right-of- way by the traveling public, in no case shall ground-mounted equipment be located closer than two feet from the public right-of-way, edge line, face of curb, sidewalk, safety path, bike lane or shared-use path.
(3) Ground-mounted equipment shall be reviewed by RCOC so as to not impede sight lines, interfere with any ADA requirements, or raise additional public health safety and/or welfare concerns.
(4) Ground-mounted equipment must be secured to a concrete foundation or slab with a breakaway design in the event of collisions.
(5) Ground-mounted equipment must either be screened with plant material that is consistent with the characteristics of the surrounding area, be integrated into the base of an existing utility pole, wireless support structure or other infrastructure, or be otherwise camouflaged so as to be aesthetically and architecturally compatible with surrounding environment, without detracting from the streetscape.
(E) Separation distances. New utility poles, wireless support structures and ground-mounted equipment shall be installed at least 300 feet from any existing or proposed utility pole, wireless support structures or ground-mounted equipment. Any wireless provider desiring to install utility poles less than 300 feet apart shall demonstrate to the village's satisfaction that the wireless provider could not serve a location without the desired placement.
(F) Marking and signage. No small cell wireless facility, utility pole, wireless support structure or any portion thereof shall have any signage except as expressly permitted by this chapter or as required by state or federal law. Aerial portions of small cell wireless facilities shall be marked with a marker which shall state wireless provider's name and provide a toll-free number to call for assistance. Underground portions of small cell wireless facilities shall have a stake or other appropriate above ground markers with wireless provider's name and a toll-free number indicating that there is buried equipment below. Any marking required by this section shall not be used for advertising purposes and shall not exceed one square foot in area unless approved by the village.
(Ord. 271, passed 9-19-23)
Small cell wireless facilities installed on existing utility, streetlight, traffic signal poles, or wireless support structures located in residential or non-residential districts shall comply with the following design and concealment standards:
(A) The maximum pole height shall be 40 feet.
(B) They shall be similar in design to existing infrastructure and architecture, consistent with the local character of the area and shall not detract from the streetscape.
(C) To the extent practicable, all accessory cables shall be installed inside of the pole.
(D) If any antenna, equipment, or cable cannot be installed within the utility pole and made not visible, then it shall extend vertically from the utility pole or be flush-mounted to the side of the utility pole and shall be designed to be an architecturally compatible extension of the utility pole. The antenna shall not extend more than five feet above the top of the utility pole.
(Ord. 271, passed 9-19-23)
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