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Unless otherwise specifically exempted in this chapter, 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, that includes addressing the acceptability of the site for factors such as pole loading from existing utility equipment and conductors as well as the small wireless facility, and that specifically includes evaluations pursuant to American National Standards Institute (ANSI) standards relating to heavy loads and wind;
(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 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) To the extent commercially available, technologically compatible with the local network system, and already used in its national or regional wireless network system, the wireless provider is required to install small wireless facilities with antenna and other equipment that have the smallest visual profile;
(6) A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved;
(7) 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 chapter and code;
(8) 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
(9) 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.
(10) Information on whether a pre-application review was conducted with Village staff. It is recommended that applicants arrange a review of the proposed location and design of small wireless facilities and new wireless support structures with the Director of Public Works and other applicable staff prior to application. Such review does not constitute approval, but is instead designed to promote administrative efficiency by identifying existing utility conflicts, consideration of possible alternative locations, and other issues that might be readily identified and/or resolved by communication between the applicant and Village staff.
(11) A written affidavit signed by a radio frequency engineer certifying the small wireless facility's compliance with applicable FCC rules and regulations relative to radio frequency emissions, as well as technical data such as the frequencies in use, power output levels and antenna specifications, reasonably necessary to evaluate compliance with maximum permissible exposure levels set by the FCC, as well as a monitoring plan for the applicant's facility capable of tracking and recording the daily amounts or levels of radio frequency emissions produced by the equipment, in order to verify on an ongoing basis that the small wireless facility will not exceed applicable FCC radio frequency emissions. In addition, a baseline test of the radio frequency emissions of a small wireless facility shall be performed by the wireless provider, at its sole cost and expense, at the time of initial activation, and the results provided to the Director of Public Works. When a radio transceiver or antennas are replaced or added to an existing small wireless facility, the wireless provider shall provide certification from a radio engineer that the continuing operation of the small wireless facility complies with all applicable FCC standards, including, but not limited to, radio frequency emissions.
(12) Proof of all applicable licenses or other approvals required by the FCC.
(13) A written report that analyzes acoustic levels for the small wireless facility and all associated equipment including, without limitation, all environmental control units, sump pumps, temporary backup power generators and, and permanent backup power generators in order to demonstrate compliance with applicable Village noise regulations, including, but not limited to, chapter 44.8 and any codes adopted thereunder. The acoustic analysis must be prepared and certified by an engineer and include an analysis of the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of a written report, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits.
(14) Information showing the small wireless facility has received any required review (e.g., environmental assessment and review) by the FCC pursuant to the National Environmental Policy Act ("NEPA"), or is exempt from such requirements. If the applicant claims the small wireless facility is exempt, it must state the basis for the exemption and provide proof, including supporting documents that establish that the facility meets such exemption.
(15) A written description and/or map identifying the geographic service area for the small wireless facility.
(16) For work in the public right-of-way, evidence of posting of the security fund as required in section 56.10 of this code.
(17) Where installation is proposed in right-of-way, as defined in this chapter, that consists of an "easement for compatible use", a certified copy of the original easement documents and other supporting documentation demonstrating that the applicant has the right to install, mount, maintain and remove a small wireless facility and associated equipment in or on the easement for the length of the permit. If the applicant is claiming access to the easement as an assignee or successor in interest, the applicant shall, in addition, provide documents demonstrating that its assigned or successor rights in the easement are sufficient to allow it to install, mount, maintain and remove the small wireless facility and associated equipment for the length of the permit.
(18) Applicants are required to include with any application a master plan which identifies the location of the proposed small wireless facility in relation to all existing and potential locations in the Village that are reasonably anticipated for construction within two (2) years of submittal of the application.
(19) A sample of the proposed notice to be mailed pursuant to subsection B., below, and a list of intended recipients (including content and mailing envelope).
B. Notice: Within three (3) business days of submission of an application containing all information required by this chapter and any associated regulations, an applicant, at its sole cost and expense, shall provide written notice, by first class United States mail, to the owners and occupants of all real property at the addresses on file with the United States Postal office, and the residential manager for any multi-family dwelling unit that includes ten (10) or more units at the manager's business mailing address, any part of which is located within a two hundred and fifty foot (250') radius of the location of the applicant's proposed small wireless facility. Such notice shall be in a form provided by the Village, as may be revised from time to time, and shall be clearly marked as a notification of proposed small wireless facility installation, identify the applicant and wireless provider(s) who will utilize the facility, and include a plain language description of the proposed facility, photo simulations or illustrations depicting the proposed wireless facility, and the address where comments may be sent to the wireless provider within fifteen (15) calendar days of the date of the notice. The applicant shall supplement its application with proof of mailing of required notices no less than two (2) calendar days after mailing of the notices.
C. Means of Submission; Multiple Applications for Same Location: 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. 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
Request to collocate a single small wireless facility on an existing utility pole or wireless support structure
Request to collocate multiple small wireless facilities on existing utility poles or wireless support structures addressed in a single application
$350.00 per small wireless facility
E. Permit review timelines:
(1) Completeness of Application: Requests for the collocation of small wireless facilities shall be reviewed for conformance with the requirements of the Act, this chapter, and other applicable provisions of this code. Within thirty (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.
An application shall be deemed complete if the Village fails to provide notification to the applicant within thirty (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 Utility 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 ninety (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 ninety (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 seventy-five (75) days after the submission of a completed application. The permit shall be deemed approved on the later of the ninetieth (90th) day after submission of the completed application, or the tenth (10th) 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 one hundred and twenty (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 one hundred twenty (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 one hundred five (105) days after the submission of a completed application. The permit shall be deemed approved on the later of the one hundred twentieth (120th) day after submission of the completed application, or the tenth (10th) 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 chapter 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 chapter. 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 thirty (30) days after the notice of denial is sent without payment of an additional application fee. The Village shall have thirty (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 subsection does not apply if a revised application is not resubmitted within thirty (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 twenty-five (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 chapter 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 small wireless facility associated with 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 two hundred (200) feet of the proposed collocation. Where an existing utility pole is proposed for collocation, the entity owning the utility pole shall provide access for that purpose, and the fee charged to the applicant shall be the lowest rate charged by the entity for other wireless providers and shall not exceed the entity's actual costs, as required by Section 11-80-24 of the Act. 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: 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:
(1) Routine maintenance not requiring replacement of wireless facilities if the wireless provider notifies the Village in writing at least forty-eight (48) hours prior to the planned maintenance;
(2) 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 (10) 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. To the extent commercially available, technologically compatible with the local network system, and already used in its national or regional wireless network system, the wireless provider is required to, when replacing such small wireless facilities, install wireless facilities with antenna and other equipment that have the smallest visual profile. The wireless provider shall provide all information necessary and requested by the Village to establish that the replacement is substantially similar. Wireless facilities that vary significantly in design, or increase power output, frequency, bandwidth or performance, or change the location of the small wireless facility upon the utility pole or wireless support structure, or increase signal strength, or make other modifications in other key components, are not substantially similar, and are subject to standard application processes, permitting requirements, and fees. 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. In addition, when a radio transceiver or antennas are replaced or added to an existing small wireless facility, and regardless of whether an application or permit are required, the wireless provider shall provide certification to the Village from a radio engineer that the continuing operation of the small wireless facility complies with all applicable FCC standards, including, but not limited to, radio frequency emissions; or
(3) 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.
The foregoing shall not exempt communications service providers from Village permitting requirements where traffic patterns are affected or lane closures are required. (Ord. 18-07-20; amd. Ord. 20-04-15; Ord. 20-08-19; Ord. 22-04-06)