Unless otherwise specifically exempted in this article, a permit to collocate a small wireless facility within the village is required in all cases. Permits are subject to the following:
(A) Permit applications. Permit applications for the collocation of small wireless facilities shall be made on a form provided by the village for such purpose. In addition to any generally applicable information required of other communications service providers or for other installations in the public right-of-way, applicants must, when requesting to collocate small wireless facilities on a utility pole or wireless support structure, provide the following information:
(1) Site specific structural integrity and, for a village utility pole, make-ready analysis prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989;
(2) The location where each proposed small wireless facility or utility pole would be installed and digital photographs of the location and its immediate surroundings depicting the utility poles or structures on which each proposed small wireless facility would be mounted or location where utility poles or structures would be installed. The photographs shall include a digital photo simulation of the proposed location providing "before and after" views demonstrating the true visual impact of the proposed small wireless facilities on the surrounding environment;
(3) Specifications and drawings prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989, for each proposed small wireless facility covered by the application as it is proposed to be installed;
(4) The equipment type and model numbers for the antennas and all other 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, if approved;
(6) Certification that, to the best of the applicant's knowledge, the collocation complies with the written design standards established by the village, and with the various other requirements set forth in this article and code;
(7) Copies of all licenses, permits and approvals required by or from the village (i.e., zoning approval, where required), other agencies and units of government with jurisdiction over the design, construction, location and operation of said small wireless facility. The applicant shall maintain such licenses, permits and approvals in full force and effect and provide evidence of renewal or extension thereof when granted; and
(8) In the event the small wireless facility is proposed to be attached to an existing utility pole or wireless support structure owned by an entity other than the village, legally competent evidence of the consent of the owner of such pole or wireless support structure to the proposed collocation.
(B) Means of submission. Permit applications, along with all supporting information, for the collocation of small wireless facilities shall be submitted by personal delivery or by other means approved by the village.
(C) Multiple applications for same location. Multiple applications for collocation on the same utility pole or wireless support structure shall be processed based on a first fully complete application, first-served basis.
(D) Permit application fees. All applications for collocation of small wireless facilities shall be accompanied by a nonrefundable application fee in the following amounts:
Request to collocate a small wireless facility that includes the installation of a new utility pole | $1,000 |
Request to collocate a single small wireless facility on an existing utility pole or wireless support structure | $650 |
Request to collocate multiple small wireless facilities on existing utility poles or wireless support structures addressed in a single application | $350 per small wireless facility |
(E) Permit review timelines.
(1) Completeness of application.
(a) Requests for the collocation of small wireless facilities shall be reviewed for conformance with the requirements of the Act, this article, and other applicable provisions of this code. Within 30 days after receiving an application, the village must determine whether the application is complete and notify the applicant. If an application is incomplete, the village must specifically identify the missing information. Processing deadlines are tolled from the time the village sends a notice of incompleteness to the time the applicant provides the missing information.
(b) An application shall be deemed complete if the village fails to provide notification to the applicant within 30 days of the date when all documents, information, and fees specifically enumerated in the village's permit application form are submitted by the applicant to the village.
(2) Existing pole or wireless support structure. Requests for the collocation of small wireless facilities on an existing utility pole or wireless support structure shall be processed on a nondiscriminatory basis and either approved or denied within 90 days of submission of a completed application. A permit application shall be deemed approved if the village fails to approve or deny the application within 90 days, subject to the following: if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant shall notify the village in writing of its intention to invoke the deemed approved remedy no sooner than 75 days after the submission of a completed application. The permit shall be deemed approved on the later of the ninetieth day after submission of the completed application, or the tenth day after receipt of the deemed approved notice by the village. Receipt of a deemed approved notice by the village shall not preclude the village from denying the permit within the allowed time limit.
(3) New utility pole. Requests for the collocation of small wireless facilities that include the installation of a new utility pole shall be processed on a nondiscriminatory basis and either approved or denied within 120 days of submission of a completed application. A permit application shall be deemed approved if the village fails to approve or deny the application within 120 days, subject to the following: if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant shall notify the village in writing of its intention to invoke the deemed approved remedy no sooner than 105 days after the submission of a completed application. The permit shall be deemed approved on the later of the one hundred twentieth day after submission of the completed application, or the tenth day after receipt of the deemed approved notice by the village. Receipt of a deemed approved notice by the village shall not preclude the village from denying the permit within the allowed time limit.
(F) Tolling. The time limitations for approval or denial of applications shall be tolled by notice to an applicant that its application is incomplete as set forth above, upon mutual agreement of the parties, or by a local, state or federal disaster declaration or similar emergency that causes a delay.
(G) Pole replacement. Permit approval shall be conditioned on the replacement of a utility pole or wireless support structure at the applicant's sole cost where such replacement is deemed necessary for compliance with the requirements of this article or code relative to the siting of small wireless facilities, or other applicable codes and regulations that concern public safety.
(H) Denial. The village shall deny an application that does not meet the requirements of this article. The reasons for any denial of a permit shall be provided in a written notice of denial sent to the applicant, and shall include the specific code provisions or application conditions on which the denial is based.
(I) Resubmittal after denial. In the case of a permit denial, an applicant may cure the deficiencies identified in the notice of denial and resubmit a revised application once within 30 days after the notice of denial is sent without payment of an additional application fee. The village shall have 30 days to approve or deny the resubmitted application or it is deemed approved, if the applicant has notified the village of its intention to proceed with the permitted activity on a deemed approved basis, which notification may be submitted with the resubmitted application. Review of a resubmitted application is limited to the deficiencies cited in the original notice of denial. This division (I) does not apply if a revised application is not resubmitted within 30 days, or curing any deficiencies in the original application requires review of a new location, new or different structure for collocation, new antennas, or other wireless equipment associated with the small wireless facility. In such cases, a new application and application fee are required.
(J) Consolidated applications. Consolidated applications for small wireless facilities for the collocation of up to 25 small wireless facilities shall be allowed if the collocations each involve substantially the same type of small wireless facility and substantially the same type of structure. Each consolidated application shall provide all the information required by this article for each small wireless facility at each location. If such an application includes incomplete information for one or more small wireless facility collocations, or includes requests for small wireless facilities that do not qualify for consolidated treatment, or that are otherwise denied, the village may remove such collocation requests from the application and treat them as separate requests. Separate permits may be issued for each collocation approved in a consolidated application.
(K) Alternate locations. If an applicant is seeking to install a new utility pole as part of its application, the village may propose that the small wireless facility be located on an existing utility pole or existing wireless support structure within 100 feet of the proposed collocation. The applicant shall accept the proposed alternate location so long as it has the right to use the location on reasonable terms and conditions, unless the alternate location imposes technical limits or additional material costs as determined by the applicant. If the applicant refuses an alternate location based on the foregoing, the applicant shall provide legally competent evidence in the form of a written certification, under oath, describing the property rights, technical limits or material cost reasons that prevent the alternate location from being utilized.
(L) Exemptions.
(1) No application, permit approval or fee shall be required from a communications service provider authorized to occupy the right-of-way when the work in question is for:
(a) Routine maintenance not requiring replacement of wireless facilities if the wireless provider notifies the village in writing at least 48 hours prior to the planned maintenance;
(b) The replacement of wireless facilities with wireless facilities that are substantially similar, the same size, or smaller if the wireless provider notifies the village in writing at least ten days prior to the planned replacement and includes equipment specifications, including (i) equipment type and model numbers, for the replacement of equipment consistent with the equipment specifications information required on a permit application for original installation; and (ii) information sufficient to establish that the replacement is substantially similar. The wireless provider shall provide all information necessary and requested by the village to establish that the replacement is substantially similar. The village has the sole right and responsibility to determine if a proposed small wireless facility is substantially similar to the existing small wireless facility; or
(c) The installation, placement, maintenance, operation or replacement of micro wireless facilities that are suspended on cables that are strung between existing utility poles in compliance with applicable safety codes.
(2) The foregoing shall not exempt communications service providers from village permitting requirements where traffic patterns are affected or lane closures are required.
(Ord. 2018-07-30, passed 7-16-2018)