(a) Telecommunication or Utility Permits.
(1) Applicants for Telecommunication or Utility Permits shall file an application therefor, in such form as the Village may require, along with an application fee of one thousand dollars ($1,000). The Village Administrator shall determine if the application is in order and shall determine whether, in accordance with the criteria set forth in Section 901.05, the Applicant should be granted a Permit hereunder.
(2) Except as otherwise provided in law or ordinance, the Village; not later than sixty (60) days after the date of filing by a person a completed Telecommunications and Utility Permit, shall grant or deny the Permit.
(3) Except in the case of a public utility subject to the jurisdiction and recognized on the rolls of the public utilities commission or of a cable operator possessing a valid franchise awarded pursuant to the "Cable Communications Policy Act of 1984," 98 Stat. 2779, 47 U.S.C.A. 541, the Village, for good cause shown, may withhold, deny, or delay its consent to any person based upon the person's failure to possess the financial, technical, and managerial resources necessary to protect the public health, safety, and welfare.
(b) Applications for Wireless Facility Permits shall be processed in accordance with Section 901.21.
(c) Applicants for Special Permits shall file an application therefor, in such form as the Village requires along with an application fee of three hundred dollars ($300.00). The Village Administrator shall determine if the application is in order and if the Village Administrator also finds, in accordance with the criteria set forth in Section 901.05, that the application should be granted, the Village Administrator shall grant such a Permit.
(d) Any Applicant may appeal the failure of the Village Administrator to process an Application or to grant a Permit. In order to perfect such appeal, the Applicant shall file an appeal to Council with the Clerk of Council. The appeal shall be filed within ten (10) days of the Village Administrator's determination or recommendation, or within ninety (90) days of the filing of the application if the Village Administrator has taken no action. The appeal shall be in writing and shall provide sufficient information to identify application and matter being appealed and the reasons why the Applicant has requested the appeal. Council shall then review the matter after affording the Applicant an opportunity to be heard either in person or in writing. Except to the extent otherwise appealable by law, Council's decision shall be final.
(e) A Permittee that desires to renew its Permit under this Chapter shall, not more than 180 days nor less than ninety (90) days before expiration of the current Permit, file an application with the Village for renewal of its Permit which shall include the information required in the original application. Within ninety (90) days after receiving a complete application under this Section, the Village shall issue a written determination granting or denying the renewal application in whole or in part, applying the criteria set forth in Section 901.05. If the renewal application is denied, the written determination shall include the reasons for non-renewal. No Permit shall be renewed until any ongoing violations or defaults in the Permittee's performance of the Permit, or of the requirements of this Chapter, have been cured, or a plan detailing the corrective action to be taken by the Permittee has been approved by the Village.
(Ord. 2018-14. Passed 7-2-19.)