(A) Public safety space reservation. The village may reserve space on municipal utility poles for future public safety uses, for the village’s electric utility uses, or both, but a reservation of space may not preclude the collocation of a small wireless facility unless the village reasonably determines that the municipal utility pole cannot accommodate both uses.
(B) Installation and maintenance. The wireless provider shall install, maintain, repair and modify its small wireless facilities in safe condition and good repair and in compliance with the requirements and conditions of this subchapter. The wireless provider shall ensure that its employees, agents or contracts that perform work in connection with its small wireless facilities are adequately trained and skilled in accordance with all applicable industry and governmental standards and regulations.
(C) No interference with public safety communication frequencies. The wireless provider’s operation of the small wireless facilities shall not interfere with the frequencies used by a public safety agency for public safety communications.
(1) A wireless provider shall install small wireless facilities of the type and frequency that will not cause unacceptable interference with a public safety agency’
(2) Unacceptable interference will be determined by and measured in accordance with industry standards and the FCC’s regulations addressing unacceptable interference to public safety spectrum or any other spectrum licensed by a public safety agency. If a small wireless facility causes such interference, and the wireless provider has been given written notice of the interference by the public safety agency, the wireless provider, at its own expense, shall remedy the interference in a manner consistent with the abatement and resolution procedures for interference with public safety spectrum established by the FCC including 47 C.F.R. §§ 22.970 through 22.973 and 47 C.F.R. §§ 90.672 through 90.675.
(3) The village may terminate a permit for a small wireless facility based on such interference if the wireless provider is not in compliance with the Code of Federal Regulations cited in the previous paragraph. Failure to remedy the interference as required herein shall constitute a public nuisance.
(D) Prohibited areas. The wireless provider shall not collocate small wireless facilities on village utility poles that are part of an electric distribution or transmission system within the communication worker safety zone of the pole or the electric supply zone of the pole.
(1) However, the antenna and support equipment of the small wireless facility may be located in the communications space on the village utility pole and on the top of the pole, if not otherwise unavailable, if the wireless provider complies with applicable codes for work involving the top of the pole.
(2) For purposes of this subparagraph, the terms “communications space”, “communication worker safety zone”, and “electric supply zone” have the meanings given to those terms in the National Electric Safety Code as published by the Institute of Electrical and Electronics Engineers.
(E) Compliance with applicable law. The wireless provider shall comply with all applicable codes and local code provisions or regulations that concern public safety.
(F) Design standards. The wireless provider shall comply with written design standards that are generally applicable for decorative utility poles, or reasonable stealth, concealment and aesthetic requirements that are set forth in a village ordinance, written policy adopted by the village, a comprehensive plan or other written design plan that applies to other occupiers of the rights-of-way, including on a historic landmark or in a historic district. At a minimum, the wireless provider shall screen or conceal, as applicable, all pole-mounted and ground-mounted equipment in the public right-of-way with aesthetic features, such as canisters, paint, screen walls and landscaping, as approved by the village with each permit. Concealing and screening shall blend with or enhance the surrounding area with the use of artistic and/or architectural detail and shall take into account scale, form, texture, materials and color and shall conceal the equipment. Concealing and screening features shall be noted on the site survey and construction drawings submitted with each application.
(G) Alternate placements.
(1) Except as provided in this collocation requirements and conditions section, a wireless provider shall not be required to collocate small wireless facilities on any specific utility pole, or category of utility poles, or be required to collocate multiple antenna systems on a single utility pole. However, with respect to an application for the collocation of a small wireless facility associated with a new utility pole, the village may propose that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 100 feet of the proposed collocation, which the applicant shall accept if it has the right to use the alternate structure on reasonable terms and conditions, and the alternate location and structure does not impose technical limits or additional material costs as determined by the applicant.
(2) If the applicant refuses a collocation proposed by the village, the applicant shall provide written certification describing the property rights, technical limits or material cost reasons the alternate location does not satisfy the criteria in this paragraph.
(H) Height limitations.
(1) The maximum height of a small wireless facility shall be no more than ten feet above the utility pole or wireless support structure on which the small wireless facility is collocated.
(2) New or replacement utility poles or wireless support structures on which small wireless facilities are collocated may not exceed the higher of:
(a) Ten feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on the date the application is submitted to the village, that is located within 300 feet of the new or replacement utility pole or wireless support structure and that is in the same right-of-way within the jurisdictional boundary of the village, provided the village may designate which intersecting right-of-way within 300 feet of the proposed utility pole or wireless support structures shall control the height limitation for such facility; or
(b) Forty-five feet above ground level.
(I) Height exceptions or variances. If an applicant proposes a height for a new or replacement pole in excess of the above height limitations on which the small wireless facility is proposed for collocation, the applicant shall apply for a variance in conformance with procedures, terms and conditions set forth in this subchapter. A request for variance shall be processed by the village as follows.
(1) The village building official shall decide whether a variance is authorized for each provision of this subchapter identified in the variance request on an individual basis.
(2) The village building official may authorize a variance only if the applicant requesting the variance has demonstrated that:
(a) One or more conditions not under the control of the applicant (such as terrain features or an irregular right-of-way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and
(b) All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach.
(3) Any applicant aggrieved by any order, requirement, decision or determination, including denial of a variance, made by the building official under the provision of this subchapter shall have the right to appeal to the Village Board, or such other board or commission as it may designate.
(4) The application for appeal shall be submitted in writing to the Village Clerk within 30 days after the date of such order, requirement, decision or determination. The Village Board shall commence its consideration of the appeal at the Board’s next regularly scheduled meeting occurring at least seven days after the filing of the appeal. The Village Board shall timely decide the appeal.
(J) Contractual design requirements. The wireless provider shall comply with requirements that are imposed by a contract between the village and a private property owner that concern design or construction standards applicable to utility poles and ground-mounted equipment located in the right-of-way.
(K) Ground-mounted equipment spacing. The wireless provider shall comply with applicable spacing requirements in applicable codes and ordinances concerning the location of ground-mounted equipment located in the right-of-way if the requirements include a waiver, zoning or other process that addresses wireless provider requests for exception or variance and do not prohibit granting of such exceptions or variances.
(L) Undergrounding regulations. The wireless provider shall comply with local code provisions or regulations concerning undergrounding requirements that prohibit the installation of new or the modification of existing utility poles in a right-of-way without prior approval if the requirements include a waiver, zoning or other process that addresses requests to install such new utility poles or modify such existing utility poles and do not prohibit the replacement of utility poles.
(M) Collocation completion deadline. Collocation for which a permit is granted shall be completed within 180 days after issuance of the permit, unless the village and the wireless provider agree to extend this period or a delay is caused by make-ready work for a municipal utility pole or by the lack of commercial power or backhaul availability at the site, provided the wireless provider has made a timely request within 60 days after the issuance of the permit for commercial power or backhaul services, and the additional time to complete installation does not exceed 360 days after issuance of the permit. Otherwise, the permit shall be void unless the village grants an extension in writing to the applicant.
(Ord. 2018-16, passed 7-16-2018)