(a)   Subject to subsection (b), a Facilities Operator shall locate its Facilities underground in an Underground Area.
   (b)   A Facilities Operator may replace an existing Wireless Support Structure or Collocate Small Cell Facilities on an Existing Wireless Support Structure even if the Wireless Support Structure is located in an Underground Area.
   (c)   A Facilities Operator shall not install a new Wireless Support Structure in an Underground Area.
   (d)   An Operator may apply to the Chief Administrative Officer for a waiver of the underground placement requirement if the Operator is unable to achieve its service objective under the following circumstances:
      (1)   From a location in the public Right-of-Way where the prohibition does not apply;
      (2)   From a utility easement the service provider has the right to access; and
      (3)   From other suitable locations or structures made available by the Village at reasonable rates, fees and terms.
   (e)   Submission of a waiver pursuant to subsection (d) is subject to the Facilities Operator's agreement to toll the timeframes set forth in Section 941.08(a) of the Codified Ordinances by fourteen (14) days.
(Ord. 2019-09. Passed 1-14-19.)