A. Permit Required; Exemptions: No person shall construct (as defined in section 8-1-2 of this chapter) any facility on, over, above, along, upon, under, across, or within any Village right-of-way which: 1) changes the location of the facility; 2) adds a new facility; 3) disrupts the "right-of-way" (as defined in section 8-1-2 of this chapter); or 4) materially increases the amount of area or space occupied by the facility on, over, above, along, upon, under, across or within the right-of-way, without first filing an application with the Village Engineer and obtaining a permit from the Village therefor, except as otherwise provided in this chapter. No permit shall be required for installation and maintenance of service connections to customer premises where there will be no disruption of the right-of-way.
No application, approval, or permit shall be required for routine maintenance, the replacement of small wireless facilities that are substantially similar, the same size or smaller, if the wireless provider notifies the Village at least ten (10) days prior to the planned replacement, or the installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with applicable safety codes. The Village may require a permit to work within the right-of-way for activities that affect traffic patterns or that require lane closures.
B. Application For Permit:
1. All applications for permits pursuant to this chapter shall be filed on a form provided by the Village and shall be filed in such number of duplicate copies as the Village may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly. The application for a small wireless facility, along with supporting information and notices, must be submitted to the Village Engineer.
2. The application shall be made by the wireless provider or utility or its duly authorized representative and shall contain, at a minimum, the following:
a. The wireless provider's or utility's name, address and telephone and telecopy numbers;
b. The applicant's name and address, if different than the wireless provider or utility, its telephone and telecopy numbers, e-mail address, and interest in the work;
c. The names, addresses, telephone numbers and e-mail addresses of all professional consultants, if any, advising the applicant with respect to the application;
d. A general description of the proposed work and the purposes and intent of the facility and the uses to which the facility will be put. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed;
e. Evidence that the wireless provider or utility has placed on file with the Village:
(1) A written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the "Illinois Manual On Uniform Traffic Control Devices", to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and
(2) An emergency contingency plan which shall specify the nature of potential emergencies including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the Village and shall promote protection of the safety and convenience of the public. Compliance with ILCC regulations for emergency contingency plans constitutes compliance with this subsection unless the Village finds that additional information or assurances are needed;
f. Drawings, plans and specifications showing the work proposed, including the certification of an engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations;
g. Evidence of insurance as required in subsection 8-1-5A of this chapter;
h. Evidence of posting of the Security Fund as required by this chapter;
i. Any request for a variance from one or more provisions of this chapter; and
j. Such additional information as may be reasonably required by the Village.
3. In addition to the requirements of subsection B2 of this section, the permit application shall include the following items as applicable to the specific facility that is the subject of the permit application:
a. In the case of new electric power, communications or natural gas distribution system installation, evidence that any "certificate of public convenience and necessity" has been issued by the ILCC that the applicant is required by law or has elected to obtain;
b. In the case of natural gas systems, state the proposed pipe size, design, construction class, and operating pressures;
c. In the case of water lines, indicate that all requirements of the Illinois Environmental Protection Agency, Division of Public Water Supplies, have been satisfied;
d. In the case of sewer line installations, indicate that the land and water pollution requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control, and the Metropolitan Water Reclamation District (other local or State entities with jurisdiction), have been satisfied;
e. In the case of petroleum products pipelines, state the type or types of petroleum products, pipe size, maximum working pressure, and the design standard to be followed; or
f. In the case of small wireless facilities, include the following:
(1) Drawings and site plans for each proposed small wireless facility covered by the application;
(2) The location where each proposed small wireless facility or utility pole will be installed and photographs of the location and its immediate surroundings;
(3) A site specific structural analysis and engineering drawing for each proposed small wireless facility covered by the application, prepared and stamped by a professional engineer, which demonstrates the utility pole or Municipally- owned infrastructure is safely capable of supporting the small wireless facility in all reasonably foreseeable weather conditions without creating a risk to public health and safety. The structural analysis will also describe the method by which the facility is designed to fail and demonstrate that any structural failure to the facility shall not cause harm to any residential structure;
(4) The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility;
(5) A proposed schedule for the installation and completion of each small wireless facility covered by the application;
(6) Certification that the collocation complies with this chapter; and
(7) Applications must include the screening and stealth concealment methods used for each proposed small wireless facility covered by the application.
4. Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the applicant in writing to the Village within thirty (30) days after the change necessitating the amendment.
C. Fees; Exemptions: Unless otherwise provided by a franchise, license or similar agreement, all applications for permits pursuant to this chapter shall be accompanied by a fee as set forth in section 3-3-1 of this Code except that for small wireless facilities, the following fees shall apply:
1. All applications for the collocation of a single small wireless facility on an existing utility pole or wireless support structure shall be accompanied by a fee in the amount of six hundred fifty dollars ($650.00). All applications for the collocation of more than one small wireless facility on an existing utility pole or wireless support structure shall be accompanied by a fee in the amount of three hundred fifty dollars ($350.00) for each small wireless facility addressed in said application. An application for the installation of a small wireless facility that will require a new utility pole must be accompanied by a fee in the amount of one thousand dollars ($1,000.00).
2. Applications for small wireless facilities may be submitted on a consolidated basis provided they involve the same type of small wireless facility and the same type of structure. The Village may, at its discretion, remove small wireless facility collocations from the consolidated application and treat them separately for purposes of deeming the application incomplete or denied.
The Village shall charge an annual recurring rate for the collocation of small wireless facilities on Municipally- owned infrastructure located in its right-of-way equal to either two hundred dollars ($200.00) per utility pole, or the actual, direct, and reasonable costs related to the wireless provider's use of space on the Village utility pole, whichever is greater. If the Village elects to charge the actual, direct, and reasonable costs related to the wireless provider's use of space on the Municipally-owned infrastructure, it shall adopt a fee schedule on an annual basis.
D. Action On Applications:
1. Application Deadlines For Small Wireless Facilities: Applications are deemed complete if the Village does not notify the applicant otherwise within thirty (30) days of receipt of the application. If the application to collocate a small wireless facility is to be placed on an existing utility pole, the Village will notify the applicant of its approval or denial within ninety (90) days. If the Village fails to notify the applicant within that timeframe, the application will be deemed approved. If the application to collocate a small wireless facility requires the installation of a new utility pole, the Village will notify the applicant of its approval or denial within one hundred twenty (120) days. If the Village fails to notify the applicant within that timeframe, the application will be deemed approved.
2. Review Of Applications; Grant Or Denial Of Permit: Completed permit applications, containing all required documentation, shall be examined by the Village Engineer on a nondiscriminatory basis. If the application does not conform to the requirements of all applicable ordinances, codes, laws, rules, or regulations that concern public safety, the Village Engineer shall notify the applicant of the basis for a denial, including specific code provisions upon which the denial was based. The applicant may cure the deficiencies and resubmit a revised application without paying additional application fees. If the Village Engineer is satisfied that the proposed work conforms to the requirements of this chapter and all applicable ordinances, codes, laws, rules, and regulations, the Village Engineer shall issue a permit therefor as soon as practicable. When reviewing applications for small wireless facilities, the Village will approve or deny the revised application within thirty (30) days after the applicant resubmits the application or it will be deemed approved.
3. Additional Village Review Of Applications Of Telecommunications Retailers' Applications:
a. Pursuant to section 4 of the Telephone Company Act, 220 Illinois Compiled Statutes 65/4, a telecommunications retailer shall notify the Village that it intends to commence work governed by this chapter for facilities for the provision of telecommunications services. Such notice shall consist of plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the Village not less than ten (10) days prior to the commencement of work requiring no excavation and not less than thirty (30) days prior to the commencement of work requiring excavation. The Village Engineer shall specify the portion of the right- of-way upon which the facility may be placed, used and constructed.
b. In the event that the Village Engineer fails to provide such specification of location to the telecommunications retailer within either: 1) ten (10) days after service of notice to the Village by the telecommunications retailer in the case of work not involving excavation for new construction; or 2) twenty five (25) days after service of notice by the telecommunications retailer in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this chapter.
c. Upon the provision of such specification by the Village, where a permit is required for work by this chapter, the telecommunications retailer shall submit to the Village an application for a permit and any and all plans, specifications and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of subsection D2 of this section.
E. Effect Of Permit:
1. A permit from the Village authorizes a permittee to undertake only certain activities in accordance with this chapter on Village rights-of-way, and does not create a property right or grant authority to the permittee to impinge upon the rights of others who may have an interest in the public rights-of-way.
2. The issuance of a permit by the Village does not excuse the permittee from complying with other requirements of the Village and all applicable statutes, laws, ordinances, rules, and regulations.
3. Collocation of small wireless facilities must be completed within one hundred eighty (180) days after the issuance of the permit. If collocation is not complete, the permit will be void. Permits for small wireless facilities are valid for five (5) years from the time of issuance.
F. Revised Permit Drawings: In the event that the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the Village within ninety (90) days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this chapter, it shall be treated as a request for variance in accordance with this chapter. If the Village denies the request for a variance, then the permittee shall either remove the facility from the right-of-way or modify the facility so that it conforms to the permit and submit revised drawings or plans therefor.
G. Suspension Or Revocation Of Permit:
1. Grounds: The Village may revoke or suspend a permit issued pursuant to this chapter for one or more of the following reasons:
a. Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application;
b. Noncompliance with this chapter;
c. Permittee's physical presence or presence of permittee's facilities on, over, above, along, upon, under, across, or within the public rights-of-way presents a direct or imminent threat to the public health, safety, or welfare; or
d. Permittee's failure to construct the facilities substantially in accordance with the permit and approved plans.
2. Notice Requirements: The Village shall send written notice of its intent to revoke or suspend a permit issued pursuant to this chapter stating the reason or reasons for the revocation or suspension and the alternatives available to the permittee under this chapter.
3. Options Of Permittee:
a. Upon receipt of a written notice of revocation or suspension from the Village, the permittee shall have the following options:
(1) Immediately provide the Village with evidence that no cause exists for the revocation or suspension;
(2) Immediately correct, to the satisfaction of the Village, the deficiencies stated in the written notice, providing written proof of such correction to the Village within five (5) working days after receipt of the written notice of revocation; or
(3) Immediately remove the facilities located on, over, above, along, upon, under, across, or within the public rights-of-way and restore the rights-of-way to the satisfaction of the Village, providing written proof of such removal to the Village within ten (10) days after receipt of the written notice of revocation.
b. The Village may, in its discretion, for good cause shown, extend the time periods provided in this subsection G3.
4. Stop Work Order: In addition to the issuance of a notice of revocation or suspension, the Village may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within subsection G1 of this section.
5. Failure Or Refusal Of Permittee To Comply: If the permittee fails to comply with the provisions of subsection G3 of this section, the Village or its designee may, at the option of the Village: a) correct the deficiencies; b) upon not less than twenty (20) days' notice to the permittee, remove the subject facilities or equipment; or c) after not less than thirty (30) days' notice to the permittee of failure to cure the noncompliance, deem them abandoned and property of the Village. The permittee shall be liable in all events to the Village for all costs of removal. (Ord. O-18-11, 7-17-2018)