The village shall deny a completed application for a proposed colocation of a small cell wireless facility or installation, modification or replacement of a utility pole that meets the height requirements if the proposed activity would do any of the following:
(A) Materially interfere with the safe operation of traffic control equipment;
(B) Materially interfere with sight lines or clear vision areas for transportation or pedestrians, any small cell wireless facility should be mounted at least ten feet high;
(C) Materially interfere with compliance with the Americans with Disabilities Ordinance of 1990, Public Law 101- 36, or similar federal, state or local standards regarding pedestrian access or movement;
(D) Materially interfere with maintenance or full unobstructed use of public utility infrastructure under the jurisdiction of an authority;
(E) Materially interfere with maintenance or full unobstructed use of the drainage infrastructure as it was originally designed;
(F) Not be located a reasonable distance from the drainage infrastructure to ensure maintenance under the Drain Code of 1956, Public Act 40 of 1956, M.C.L.A. § 280.1 to 280.630, and access to the drainage infrastructure;
(G) Fail to comply with reasonable, nondiscriminatory, written spacing requirements of general applicability adopted by ordinance or otherwise that apply to the location of ground-mounted equipment and new utility poles that do not prevent a wireless provider from serving any location;
(H) Fail to comply with all other applicable codes, standards and ordinances; and/or
(I) Fail to meet reasonable, objective, written stealth or concealment criteria for small cell wireless facilities applicable in a historic district, downtown or residential district, as specified in an ordinance or otherwise and nondiscriminatory applied to all other occupants of the ROW, including electric utilities, incumbent or competitive local exchange carriers, fiber providers, cable television operators and the village.
(Ord. 160, passed 4-21-2022)