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(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)
Small cell wireless facilities requiring the installation of a new utility pole or wireless support structure in residential or non-residential districts shall comply with the following design and concealment standards:
(A) If possible, utility poles and wireless support structures shall be designed to accommodate small cell wireless facilities for multiple wireless services providers.
(B) Utility poles shall be located a minimum of 15 feet from any tree, measured to the tree- trunk center. Additionally, 80% of the root protection zone shall remain undisturbed. The root protection zone shall either be a six-foot radius around the tree or a one-foot radius for every inch of tree diameter at breast height, whichever is greater. This minimum separation shall not apply for a new utility pole that replaces an existing utility pole, where the new utility pole is installed in the same place as, or immediate vicinity of, the existing utility pole.
(C) Utility poles or wireless support structures in residential districts shall not exceed 40 feet in height from ground level.
(D) In non-residential districts, the height shall not exceed 10% of an adjacent building or exceed 40 feet in height from ground level, whichever is less except in instances where compliance with this requirement results in technical feasibility issues for the provider. In such instances, the village and the provider shall work cooperatively to resolve the technical feasibility issues while remaining in substantial compliance with pole height requirements.
(E) Utility poles shall be designed and installed with materials and appearance consistent with existing utility poles in the adjacent public way, unless materials and appearance are prescribed by other ordinance, law, or village requirements. Utility poles shall be consistent with the local character of the area and shall not detract from the streetscape.
(F) 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)
(A) Insurance. For deployments in the public rights-of-way, the wireless provider shall furnish proof of insurance in an amount and form satisfactory to the village, listing the village as an additional insured. Such insurance shall cover a period of not less than the term of this permit and shall provide that it cannot be cancelled without 30 days advance written notice to the village.
(B) Bonding. Before any work in the public right-of-way under a permit issued pursuant to this chapter may commence, a wireless provider shall furnish to the village a performance bond in the form of an irrevocable bank letter of credit form or surety bond form approved by village, in the amount of $1,000 per small cell wireless facility included in the application for a permit, to provide for the reasonable costs of removal of abandoned or improperly maintained small cell wireless facilities, to repair the ROW or to recoup unpaid rates or fees.
(Ord. 271, passed 9-19-23)
(A) Revocation of permit. A permit to install small cell wireless facilities issued pursuant to this chapter shall be revoked upon the occurrence of any of the following events:
(1) The permitted small cell wireless facilities are not operational within one year after the date of issuance;
(2) The wireless provider or the permitted small cell wireless facilities violate the terms or conditions of this chapter, any applicable agreement with the village, any permit issued by the village, applicable codes or any relevant provision of state or federal law, and such violations are not corrected within 30 days after receiving written notice from the village;
(3) After the permitted small cell wireless facilities become operational, the wireless provider discontinues the use of the small cell wireless facilities for a period of 180 consecutive days;
(4) The wireless provider fails to renew the permit, or the permit otherwise expires by its own terms; or
(5) The wireless provider voluntarily requests that a permit be terminated.
(B) Removal of facilities; restoration.
(1) A wireless provider shall remove all small cell wireless facilities, utility poles and wireless support structures, and shall restore the site to its pre-installation condition within 45 days after receiving written notice from the village that a permit issued pursuant to this chapter has been revoked.
(2) If the wireless provider does not complete removal and restoration within 45 days after receiving such notice, the village shall have the right, but not the obligation, to complete the removal and restoration and assess the costs and expenses against the wireless provider, including, without limitation, any administrative costs.
(3) If the village exercises its right to effectuate removal and restoration, the wireless provider shall pay to the village the costs and expenses incurred by the village in performing any removal work and any storage of the wireless provider's property after removal (including any portion of the small cell wireless facilities) within 15 business days of the date of a written demand for this payment from the village. The village may, in its discretion, obtain reimbursement for the above by making a claim under the wireless provider's performance bond. After the village receives the reimbursement payment from the wireless provider for the removal work performed by the village, the wireless provider may obtain the property belonging to the wireless provider and removed by the village pursuant to this section at no liability to the village within ten business days at the Village Hall. If the village does not receive the reimbursement payment from the wireless provider within such 15 business days, or if village does not elect to remove such items at the village's cost after the wireless provider's failure to so remove prior to 45 days subsequent to the issuance of notice pursuant to this section, any items of the wireless provider's property, including without limitation the small cell wireless facilities, remaining on or about the public right-of-way or stored by the village after the village's removal thereof may, at the village's option, be deemed abandoned and the village may dispose of such property in any manner allowed by law, and in accordance with any legal rights of persons other than the village who own utility poles located in the public right-of-way and used by the wireless provider. Alternatively, the village may elect to take title to such abandoned property, regardless of whether the village is provided an instrument satisfactory to the village transferring to the village the ownership of such property.
(4) The deadline for removal and restoration may be extended only with express written permission from the village.
(Ord. 271, passed 9-19-23)