An applicant shall obtain one or more permits from the village to collocate a small wireless facility. Applications received and processed, and permits issued pursuant to this subchapter, shall be subject to the following conditions and requirements:
(A) Small cell facilities permit application. Prior to issuance of a permit under this subchapter for the collocation of small wireless facilities onto utility poles or wireless support structures, a wireless provider shall submit an application to the Village Clerk which contains the following information:
(1) Site specific structural integrity and, for a municipal utility pole, makeready 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 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. This should include a depiction of the completed facility;
(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 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, if approved;
(6) Certification that collocation complies with the collocation requirements and conditions contained herein, to the best of the applicant’s knowledge;
(7) In the event that the proposed small wireless facility is to be attached to an existing pole owned by an entity other than the village, the wireless provider shall provide legally competent evidence of the consent of the owner of such pole to the proposed collocation; and
(8) Proof of such insurance carried by the wireless provider demonstrating the wireless provider’s compliance with the insurance requirements of § 155.282
(E) herein.
(B) Submission of application. Applicants shall submit applications, supporting information and notices to the village by personal delivery at the village’s designated place of business, by regular mail postmarked on the date due or by any other commonly used means, including electronic mail.
(C) Application process. The village shall process applications as follows.
(1) Priority. The first completed application shall have priority over applications received by different applicants for collocation on the same utility pole or wireless support structure.
(2) Existing utility pole or wireless support structure.
(a) An application to collocate a small wireless facility on an existing utility pole or wireless support structure, or replacement of an existing utility pole or wireless support structure shall be processed on a nondiscriminatory basis and shall be deemed approved if the village fails to approve or deny the application within 90 days after the submission of a completed application.
(b) However, 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.
(c) The permit shall be deemed approved on the latter of 90 days after submission of the complete application, or ten days after the receipt of the deemed approved notice by the village. The receipt of the deemed approved notice shall not preclude the village’s denial of the permit request within the time limits as provided under this subchapter.
(3) New utility pole or wireless support structure.
(a) An application to collocate a small wireless facility that includes the installation of a new utility pole shall be processed on a nondiscriminatory basis and deemed approved if the village fails to approve or deny the application within 120 days after the submission of a completed application.
(b) However, 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.
(c) The permit shall be deemed approved on the latter of 120 days after submission of the complete application, or ten days after receipt of the deemed approved notice by the village. Receipt of the deemed approved notice shall not preclude the village’s denial of the permit request within the time limits as provided under this subchapter.
(4) Denial of application. The village shall deny an application which does not meet the requirements of this subchapter.
(a) If the village determines that applicable codes, ordinances or regulations that concern public safety, or the conditions contained in § 155.280
herein, require that the utility pole or wireless support structure be replaced before the requested collocation, approval shall be conditioned on the replacement of the utility pole or wireless support structure at the cost of the provider.
(b) The village shall document the basis for a denial, including the specific code provisions or application conditions on which the denial is based, and send the documentation to the applicant on or before the day the village denies an application.
(c) The applicant may cure the deficiencies identified by the village and resubmit the revised application once within 30 days after notice of denial is sent to the applicant without paying an additional application fee. The village shall approve or deny the revised application within 30 days after the applicant resubmits the application or it is deemed approved. Failure to resubmit the revised application within 30 days of denial shall require the application to submit a new application with applicable fees, and recommencement of the village’s review period.
(d) The applicant must notify the village in writing of its intention to proceed with the permitted activity on a deemed approved basis, which may be submitted with the revised application.
(e) Any review of a revised application shall be limited to the deficiencies cited in the denial. However, this revised application does not apply if the cure requires the review of a new location, new or different structure to be collocated upon, new antennas or other wireless equipment associated with the small wireless facility.
(5) Small wireless facilities attachment agreement.
(a) Within 30 days after an approved permit to collocate a small wireless facility on a municipal utility pole, and in any event prior to the commencement of installation, the village and the applicant shall enter into a master small wireless facilities attachment agreement, to be provided by the village, for the initial collocation on a municipal utility pole by the application.
(b) For subsequent approved permits to collocate on a small wireless facility on a municipal utility pole, the village and the applicant shall enter into a license supplement of the master small wireless facilities attachment agreement. The master small wireless facilities attachment agreement contains additional requirements that are applicable to the wireless provider and the small wireless facility.
(D) Application approval.
(1) Within 30 days after receiving an application, the village shall determine whether the application is complete and notify the applicant. If an application is incomplete, the village must specifically identify the missing information. An application shall be deemed complete if the village fails to provide notification to the applicant within 30 days after all documents, information and fees specifically enumerated in the village’s permit application form are submitted by the applicant to the village.
(2) Processing deadlines are tolled from the time the village sends the notice of incompleteness to the time the applicant provides the missing information.
(E) Tolling period. The time period for applications may be further tolled by:
(1) An express written agreement by both the applicant and the village; or
(2) A local, state or federal disaster declaration or similar emergency that causes the delay.
(F) Consolidated applications.
(1) An applicant shall be allowed to file a consolidated application and receive a single permit for the collocation of up to 25 small wireless facilities if the collocations each involve substantially the same type of small wireless facility and substantially the same type of structure.
(2) If an application includes multiple small wireless facilities, the village may remove small wireless facility collocations from the application and treat separately small wireless collocations for which incomplete information has been provided or that do not qualify for consolidated treatment or that are denied.
(3) The village may issue separate permits for each collocation that is approved in a consolidated application.
(G) Permit duration. The duration of a permit shall be for a period of five years, and the permit shall be renewed for equivalent durations unless the village makes a finding that the small wireless facilities or the new or modified utility pole do not comply with the applicable village codes or any provision, condition or requirement contained in this subchapter. If the Act is repealed as provided in Section 90 therein, renewals of permits shall be subject to the applicable village code provisions or regulations in effect at the time of renewal.
(Ord. 2018-16, passed 7-16-2018)