The applicant shall seek a ROW access permit from the village to colocate a small cell wireless facility or install, modify, or replace a utility pole on which a small cell wireless facility will be colocated as required by all ROW users. To obtain this permit, an applicant is subject to all of the following:
(A) An application for a permit with each of the following items:
(1) Name of the company and contact information;
(2) The applicant’s name and contact information;
(3) A map of georeferenced location(s) of where the company is proposing the installation(s) of a supporting structure and/or small cell wireless facility;
(4) Parcel identification number and property ownership for parcels located within 75 feet of the proposed facility;
(5) Distance from the proposed facilities and the nearest property line, roadways, rights-of-way and utilities within the rights-of-way;
(6) Zoning district and adjacent zoning district(s);
(7) Dimensions of all proposed installations and height on the utility pole or support structure where a small cell wireless facility will be mounted;
(8) Documentation of compliance with design and location requirements;
(9) An inventory of any existing and approved small cell wireless facilities, poles and wireless support structures that are within the jurisdiction of the village;
(10) For all new poles, replacement poles, and wireless support structures, a certification by the wireless provider and a structural analysis sealed by a licensed engineer attesting that the towers and structures will accommodate colocation of additional antennas, including the extent of such colocation space;
(11) For all new poles, replacement poles and wireless structures, demonstration of compliance with ANSI/TIA 222-G-2 standards;
(12) For all new poles, replacement poles and wireless support structures, a statement from a licensed engineer why no current existing towers or structures are adequate to provide the services planned with the wireless facility;
(13) Copy of all other permits related to the deployment, including any applicable METRO Act applications and permits;
(14) Documentation showing adequate insurance, including the village named as an additional insured;
(15) A performance bond meeting the requirements of this subchapter;
(16) Attestation that the small cell wireless facility will be operational for use by a wireless service provider within one year after the permit issuance date;
(17) Site/structure remediation plan for restoring the public ROW after removal of wireless facilities or equipment;
(18) Provide the estimated radius of service the small cell wireless facility will provide;
(19) Material used to enclose small cell wireless facility and associated equipment;
(20) Photo of installations;
(21) Work plans for the amount of time and type of disturbance that will be caused to the public ROW;
(22) Certification of compliance with Federal Communications Commission (FCC) radio frequency emission regulations;
(23) Detailed description of the activities the applicant needs to accomplish:
(a) Constructing a utility pole or support structure; and/or
(b) Installing a small cell wireless facility on an existing pole.
(24) Any additional information requested by the village.
(B) Within 30 days after receiving an application under this section, the village shall notify the applicant in writing whether the application is complete. If the application is incomplete, the notice shall clearly and specifically delineate all missing documents or information. The notice tolls the running of the 30-day period.
(C) The running of the time period tolled under division (A) above resumes when the applicant makes a supplemental submission in response to the village’s notice of incompleteness. If a supplemental submission is inadequate, the village shall notify the applicant not later than ten days after receiving the supplemental submission that the supplemental submission did not provide the information identified in the original notice delineating missing documents or information. The time period may be tolled in the case of a second or subsequent notices under the procedures identified in division (A) above. A second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
(D) The Planning Commission shall approve or deny the application and notify the applicant in writing within 90 days after an application for a modification of a wireless support structure or installation of a small cell wireless facility is received or 150 days after an application for a new wireless support structure is received. The time period for approval may be extended by mutual agreement between the applicant and the village. If the village fails to comply with this division (D), the application is considered to be approved subject to the condition that the applicant provides the Planning Commission not less than 15 days’ advance written notice that the applicant will be proceeding with the work pursuant to this automatic approval.
(E) Colocation of small cell wireless facilities shall commence within one year of permit issuance and shall be activated for use no later than one year from the permit issuance date. Failure to commence colocation within one year of permit issuance shall void said permit. A small cell wireless facility 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. The village and the applicant may agree to extend this period of delay if caused by lack of commercial power or communications transport facilities to the site.
(Ord. 160, passed 4-21-2022)