(A) Permitted use. Small wireless facilities shall be classified as permitted uses and subject to administrative review, except as provided in divisions (C)(16), (C)(18) and (H) below, regarding height exceptions or variances, but not subject to zoning review or approval if they are collocated:
(1) In rights-of-way in any zoning district; or
(2) Outside rights-of-way in property zoned exclusively for commercial or industrial use.
(B) Permit required. An applicant shall obtain one or more permits from the village to collocate a small wireless facility. An application shall be received and processed, and permits issued shall be subject to the following conditions and requirements:
(1) Application requirements. Prior to a wireless provider submitting a small wireless facilities permit application, the village staff suggests the applicant schedule a pre-application meeting. The purpose of the pre-application meeting is to streamline the application and collocation process, to promote the visual character and aesthetic of the village, and to accommodate the needs of wireless providers. Wireless providers shall submit the following information to the village, together with the village’s small cell facilities permit application, as a condition of any permit application to collocate small wireless facilities on a utility pole or wireless support structure:
(a) Site-specific structural integrity and, for a municipal utility pole, makeready analysis prepared and certified by an Illinois-licensed structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989;
(b) 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 the location where utility poles or structures would be installed. This shall include a depiction of the completed facility. Photographs shall include sufficient perspective and detail to document the existing conditions to which the work area will be restored;
(c) Photographs of each existing public or private pole located within a 200-foot radius of the proposed small wireless facility. Where multiple poles of the same type, material, size and color exist within the radius, the applicant may substitute one photograph of each pole type, together with a map depicting the multiple locations;
(d) A written statement determining if the proposed location is on a historic landmark or within a historic district;
(e) Specifications and drawings prepared and certified by an Illinois-licensed 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;
(f) The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility;
(g) A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved;
(h) Certification that the collocation complies with the collocation requirements and conditions contained in division (C) below, to the best of the applicant’s knowledge; and
(i) 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.
(j) Certification from a radio engineer that it operates the small wireless facility within all applicable FCC regulations.
(2) Application process. The village shall process applications as follows:
(a) The first completed application shall have priority over applications received by different applicants for collocation on the same utility pole or wireless support structure.
(b) 1. 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.
2. 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.
3. The permit shall be deemed approved on the latter of the ninetieth day after submission of the complete application, or the tenth day 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 chapter.
(c) 1. 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.
2. 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.
3. The permit shall be deemed approved on the latter of the one hundred twentieth day after submission of the complete application, or the tenth day 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 chapter.
(d) 1. The village shall deny an application that does not meet the requirements of this chapter.
2. If the village determines that applicable codes, ordinances or regulations that concern public safety, or the collocation requirements and conditions contained in division (C) 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.
3. 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.
4. 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 applicant to submit a new application with applicable fees, and recommencement of the village’s review period.
5. 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.
6. 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, a new or different structure to be collocated upon, new antennas, or other wireless equipment associated with the small wireless facility.
(e) Pole attachment agreement. Within 30 days after an approved permit to collocate a small wireless facility on a municipal utility pole, the village and the applicant shall enter into a master pole attachment agreement, attached to Ord. 3334 as Exhibit A, provided by the village for the initial collocation on a municipal utility pole by the applicant. 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 pole attachment agreement.
(3) Completeness of application.
(a) Within 30 days after receiving an application, the village shall determine whether it 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.
(b) Processing deadlines are tolled from the time the village sends the notice of incompleteness to the time the applicant provides the missing information.
(4) Tolling. The time period for applications may be further tolled by:
(a) An express written agreement by both the applicant and the village; or
(b) A local, state or federal disaster declaration or similar emergency that causes the delay.
(5) Consolidated applications.
(a) An applicant seeking to collocate small wireless facilities within the jurisdiction of the village shall be allowed, at the applicant’s discretion, 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.
(b) If an application includes multiple small wireless facilities, the village may remove small wireless facility collocations from the application and treat separately small wireless facility collocations for which incomplete information has been provided, or that do not qualify for consolidated treatment, or that are denied. The village may issue separate permits for each collocation that is approved in a consolidated application.
(6) Duration of permits.
(a) The duration of a permit shall be for a period of five years. 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 chapter.
(b) If the Act is repealed as provided in Section 90 therein, renewals of permits shall occur on the next anniversary date of the master pole attachment agreement or permit issuance date, as the case may be, and shall be subject to all other applicable village code provisions or regulations in effect at the time of renewal.
(7) Means of submitting applications. 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) Collocation requirements, written design standards, and conditions.
(1) Public safety space reservation. The village may reserve space on municipal utility poles for existing or 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. The village hereby reserves, as a matter of policy, adequate space on each municipal utility pole for public safety uses and/or the village’s electric utility uses, whether desired for use now or in the future, and sufficient sections of the pole’s interior to provide power, wiring, and in some cases, the mounting of public safety apparatus, as the case may be. The reservation of adequate space for public safety uses is a condition precedent to the location of small wireless facilities. The village may, from time to time, require the relocation of small wireless facilities to another location or pole to provide public safety or electric utility uses as it deems necessary or desirable; provided, however, relocation shall not be required if both the public safety and/or electric utility use and the small wireless facility may physically and technically operate on or about the same pole. In the event the village decides it is necessary or desirable to remove, relocate or change any or all of its municipal utility poles, the wireless provider shall relocate their equipment and service(s), at their sole cost and expense, to a new appropriate location approved by the village, which shall be installed following the then current requirements. In the event the existing small wireless facility can physically and technically operate on or about the same pole as an existing or proposed public safety and/or electric utility use, but doing so requires upgrades to the pole, changes to the structural capacity, or other improvements, the small wireless provider shall have the right to relocate their small wireless facility, complete the required design and improvements to the existing location, at their sole cost and expense. Under no circumstance shall the presence of a small wireless facility cause the village any expense greater than what it would otherwise incur to locate the public safety and/or electric utility use on a similarly situated pole not already occupied by a small wireless facility.
(2) Installation and maintenance.
(a) The wireless provider shall install, maintain, repair and modify its small wireless facilities at their sole cost and expense, in safe condition and good repair, and in compliance with the requirements and conditions of this chapter, the master pole attachment agreement and other state, federal and local laws and requirements, as amended from time to time. All proposed installations shall be fabricated from material similar in design and aesthetics to the existing support pole, and shall have a degree of strength capable of supporting all existing uses along with the proposed antenna and any related appurtenances and cabling, which shall be cumulatively capable of withstanding wind forces and ice loads in accordance with the structural integrity standards set forth herein below. No extension or installation fabricated from wood shall be permitted. 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.
(b) When a wireless provider replaces or adds a new radio transceiver or antennas to an existing small wireless facility, the wireless provider must provide to the village certification from a radio engineer that the continuing operation of the small wireless facility complies with all applicable FCC standards.
(3) Structural integrity. The wireless provider shall design, install and maintain small wireless facilities to withstand a wind force of at least 90 miles per hour, as well as being designed to withstand a wind force of at least 40 miles per hour on a freestanding pole that is covered with at least three quarters of an inch of ice, all without the use of guy wires. The wireless provider shall provide the village with a structural evaluation of each specific location containing a recommendation that the proposed installation passes the standards described herein. The evaluation shall be prepared, certified and signed by a professional structural engineer licensed in the State of Illinois.
(4) No interference with public safety communication frequencies.
(a) 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. A wireless provider shall install small wireless facilities of the type and frequency that will not cause unacceptable interference with a public safety agency’s communications equipment.
(b) 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.
(c) 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 CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR 90.675.
(d) 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 division (C)(4)(c) above. Failure to remedy the interference as required herein shall constitute a public nuisance.
(5) Electric distribution/transmission utility pole design standards.
(a) The wireless provider shall not collocate small wireless facilities on 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.
(b) However, the antenna and support equipment of the small wireless facility may be located in the communications space on the 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.
(c) For purposes of this division (C)(5), 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.
(6) Compliance with applicable codes. The wireless provider shall comply with all applicable codes and local code provisions or regulations, unless inconsistent with the Act, including those concerning public safety.
(7) Site selection design standards for new small wireless facilities. The village standardizes the appearance of its utility poles as appropriate for each area of the village and category of utility pole. To maintain consistency of appearance and design of small wireless facilities throughout the village, wireless providers shall use best efforts to mount equipment to village-owned utility poles, including all categories of village-owned utility poles, such as streetlights, traffic signals, and towers. In the event village-owned infrastructure is not available or is clearly demonstrated to lack the structural or technical capacity to meet the wireless provider’s needs, wireless providers shall use best efforts to install and collocate on a utility pole or alternative support structure preapproved by the village; provided the wireless provider submits to the village copies of the written approval from the owner of the specific pole or support structure. The owner’s approval shall indicate the occupation of the pole by the wireless provider is subordinate to the use and/or expanded use by public utilities existing prior to installation of the wireless provider’s equipment, and shall further include a statement indicating the owner has reviewed and approved of the construction plans submitted as part of the application, including all technical specifications. The owner’s approval shall also include their guarantee that the owner will either cause the removal of abandoned equipment in accordance with requirement herein or remove the equipment themselves.
(8) Independent electric service. The wireless provider shall provide for their own use an independently metered electric service. Where temporary and/or backup power sources are installed or used within 200 feet of a residential property or structure intended for residential use, the wireless provider shall utilize silent standby power supplies only.
(9) Quantity limitations. There shall be no more than one small wireless facility mounted per pole.
(10) Non-proliferation. Wireless providers shall use best efforts to not collocate a small wireless facility within 500 feet of another small wireless facility.
(11) New poles. Wireless providers shall use best efforts to collocate on existing utility poles or other support structures. New utility poles, monopoles or other support towers of any type will be permitted when approved by the village, subject to the provisions regarding alternative placements in division (C)(16) below.
(12) Guy wires. No guy wires or other support wires shall be used in connection with small wireless facilities, unless the facility is attached to an existing pole or support structure that used guy wires prior to its use for a small wireless facility, provided in no case shall the use of guy wires be expanded beyond the existing condition.
(13) Compliance with design standards. The wireless provider shall comply with written design standards generally applicable for decorative utility poles, cabinets, enclosures and other appurtenances, and/or reasonable stealth, concealment and aesthetic requirements set forth herein, by other village ordinances, 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. Unless the village has adopted specific standards for installing new utility poles, whenever an application to collocate a small wireless facility includes the installation of a new utility pole, the plans shall specify the new utility pole to be installed meet or exceed the best quality and aesthetic attributes, as determined by the village only, of the existing public or private poles installed within a 400-foot radius of the proposed location.
(14) Concealment of wiring and cabling. To promote the visual character and aesthetic of the village, wireless providers shall use best efforts to collocate small wireless facilities on hollow poles, unless no viable hollow pole exists within a 500-foot radius of the desired location. Wires and cables used to connect or service each small wireless facility shall be located within the interior of hollow poles only. In the event there is insufficient space within a hollow pole, the applicant shall assess the viability of locating the small wireless facility on another nearby hollow pole, and if there are none, the possible erection of a new pole capable of concealing all wiring within the pole. In the event no other desirable locations of hollow poles exist and the village authorizes a small wireless facility to be mounted to a solid pole, all wiring and/or cables must be concealed within a cable shield, located and designed pursuant applicable village ordinances, policies, planning documents and/or design guidelines existing at the time. Approval to mount one small wireless facility to a solid pole, which shall only occur under the most unique and unusual circumstances, shall not constitute a waiver from the requirements herein for all other small wireless facilities.
(15) Finished appearance. Wireless providers shall use best efforts to conceal or camouflage. No equipment, cabling, concealment, stealthing, apparatus or other components of the small wireless facility visible from the right-of-way or nearby public or private property shall be painted or finished in a way that does not match or complement the material and color of the pole to which it is attached.
(16) Alternate placements.
(a) Except as provided in this division (C), 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 200 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.
(b) 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 division (C)(16)(b).
(c) Additionally, as provided by ILCS Ch. 65, Act 5, § 11-80-24, the village may propose that a small wireless facility be collocated on an existing utility pole within 200 feet of the wireless provider’s proposed location within its public rights-of-way under paragraph (3) of subsection (d) of Section 15 of the Small Wireless Facilities Deployment Act, and the entity owning the utility pole shall provide access for that purpose.
(17) Height limitations.
(a) 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 it is collocated. Any pole extension shall be of the same material, color and design as the existing pole being extended, except however, wooden pole extensions are strictly prohibited.
(b) New or replacement utility poles or wireless support structures on which small wireless facilities are collocated may not exceed the higher of:
1. Ten feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, 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 that facility; or
2. Forty-five feet above ground level.
(c) Minimum clearance from grade. No equipment related to a small wireless facility shall be installed lower than 12 feet from grade, unless the equipment is ground-mounted, undergrounded, or it is otherwise not feasible for the equipment to be installed 12 feet or higher from grade.
(18) 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 Article 3, Section B of the Village of Frankfort Zoning Ordinance, as amended from time to time.
(19) 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.
(20) 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 in the right-of-way, if the requirements include a waiver, zoning or other process that addresses wireless provider requests for an exception or a variance, and do not prohibit the granting of such exceptions or variances.
(21) 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 new utility poles or modify existing utility poles, and do not prohibit the replacement of utility poles.
(22) 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 makeready 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.
(D) Application fees. Application fees are imposed as follows:
(1) An applicant shall pay an application fee of $650 for an application to collocate a single small wireless facility on an existing utility pole or wireless support structure, and $350 for each small wireless facility addressed in a consolidated application to collocate more than one small wireless facility on existing utility poles or wireless support structures.
(2) An applicant shall pay an application fee of $1,000 for each small wireless facility addressed in an application that includes the installation of a new utility pole for the collocation.
(3) Notwithstanding any contrary provision of state law or local ordinance, applications pursuant to this section shall be accompanied by the required application fee. Application fees shall be non-refundable.
(4) The village shall not require an application, approval or permit, or require any fees or other charges, from a communications service provider authorized to occupy the rights-of-way, for:
(a) Routine maintenance; or
(b) The replacement of wireless facilities with wireless facilities that are substantially similar, the same size, or smaller and compliant with all then current design standards of the village, if the wireless provider notifies the village at least ten days prior to the planned replacement, and includes equipment specifications for the replacement of equipment consistent with division (B)(1)(d) above; or
(c) The installation, placement, maintenance, operation or replacement of micro wireless facilities suspended on cables strung between existing utility poles in compliance with applicable safety codes.
(5) Wireless providers shall secure a permit from the village to work within rights-of-way for activities that affect traffic patterns or require lane closures.
(E) Exceptions to applicability.
(1) Nothing in this chapter authorizes a person to collocate small wireless facilities on:
(a) Property owned by a private party or property owned or controlled by the village or another unit of local government that is not located within rights-of-way, or a privately owned utility pole or wireless support structure, without the consent of the property owner;
(b) Property owned, leased, or controlled by a park district, forest preserve district, or conservation district for public park, recreation or conservation purposes, without the consent of the affected district, excluding the placement of facilities on rights-of-way located in an affected district that are under the jurisdiction and control of a different unit of local government as provided by the Illinois Highway Code; or
(c) Property owned by a rail carrier registered under Section 18c-7201 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 18c-7201), Metra Commuter Rail or any other public commuter rail service, or an electric utility as defined in Section 16-102 of the Public Utilities Act (ILCS Ch. 220, Act 5, § 16-102), without the consent of the rail carrier, public commuter rail service, or electric utility. The provisions of this chapter do not apply to an electric or gas public utility, or the utility’s wireless facilities, if they are being used, developed and maintained consistent with the provisions of subsection (i) of Section 16-108.5 of the Public Utilities Act (ILCS Ch. 220, Act 5, § 16-108.5(i)).
(2) For the purposes of this division (E), PUBLIC UTILITY has the meaning given to that term
in Section 3-105 of the Public Utilities Act (ILCS Ch. 220, Act 5, § 3-105). Nothing in this chapter shall be construed to relieve any person from any requirement:
(a) To obtain a franchise or a state-issued authorization to offer cable service or video service; or
(b) To obtain any required permission to install, place, maintain, or operate communications facilities, other than small wireless facilities subject to this chapter.
(F) Preexisting agreements.
(1) Existing agreements between the village and wireless providers that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on village utility poles, that are in effect on June 1, 2018, remain in effect for all small wireless facilities collocated on the village’s utility poles pursuant to applications submitted to the village before June 1, 2018, subject to applicable termination provisions contained therein. Agreements entered into after June 1, 2018, shall comply with this chapter.
(2) A wireless provider that has an existing agreement with the village on the effective date of the Act may accept the rates, fees and terms that the village makes available under this chapter, for the collocation of small wireless facilities or the installation of new utility poles for the collocation of small wireless facilities, that are the subject of an application submitted two or more years after the effective date of the Act, by notifying the village that it opts to accept such rates, fees and terms. The existing agreement remains in effect, subject to applicable termination provisions, for the small wireless facilities the wireless provider has collocated on the village’s utility poles pursuant to applications submitted to the village before the wireless provider provides such notice and exercises its option under this division (F)(2).
(G) Annual recurring rate.
(1) A wireless provider shall pay to the village an annual recurring rate to collocate a small wireless facility on a village utility pole located in a right-of-way that equals:
(a) Two hundred dollars per pole per year; or
(b) The actual, direct and reasonable costs related to the wireless provider’s use of space on the village utility pole.
(2) If P.A. 100-0585 is repealed as provided in Section 90 of the Act, the annual recurring rate shall immediately increase to the then current schedule of rents and annual adjustments as determined by the village, unless otherwise restricted by law, in which case the maximum permissible rate shall be charged and the rate shall be increased by the maximum permissible amount or percentage at the most frequent permissible frequency, but not less than one year.
(3) If the village has not billed the wireless provider actual and direct costs, the fee shall be $200 per pole, payable on the first day after the first annual anniversary of the issuance of the permit or notice of intent to collocate, and on each annual anniversary date thereafter.
(4) Any small wireless facility located on a village utility pole outside the right-of-way shall pay to the village an annual recurring rate of $3,600 per pole per year.
(H) Construction and operational noise. In addition to all application FCC regulations, a wireless provider shall comply with construction and operational noise and acoustic regulations as set forth in § 94.01 of the Village of Frankfort Code of Ordinances (“the Code”) and any other regulations as forth in the Code, as may be amended from time to time.
(I) Site restoration. A wireless provider shall be responsible to restore any disturbed land, landscaping, paving, or other improvements, above or below ground, to the condition existing prior to the installation of a small wireless facility. In the event the photographs submitted pursuant division (B)(1)(b) above are insufficient to determine the conditions present prior to the installation, the village shall have the sole authority to specify reasonable conditions for the restoration required.
(J) Signage. No signage may be displayed on the equipment associated with the small wireless facility, unless required by law.
(K) Surety. Prior to installing a small wireless facility, a wireless provider shall provide the village with a surety to remove and restore the facility in the event of abandonment. A wireless provider shall maintain the surety in continuous effect after the installation, and shall provide the village 120 days’ notice if it is cancelled, transferred, terminated, or otherwise not renewed.
(L) Notice of discontinued use and abandonment.
(1) The owner of each small wireless facility shall notify the village in writing whenever it intends to discontinue the continuous use of a small wireless facility. The notice shall identify the specific location(s) to be discontinued and a schedule for removal of the small wireless facility. Removal shall occur within 90 days of the date of discontinued use or the site is deemed abandoned.
(2) A small wireless facility that is not removed within 90 days of the date of discontinued use or is not operated for a continuous period of 12 months shall be considered abandoned.
(3) The owner of the abandoned facility shall remove the small wireless facility, at their sole cost and expense, within 90 days of the date of abandonment or after receipt of written notice from the village notifying the wireless provider of the abandonment.
(4) The notice shall be sent by certified or registered mail, return receipt requested, by the village to the owner at the last known address of the wireless provider. If the small wireless facility is not removed within 90 days of such notice, the village may call upon the surety provided under division (K) above, and remove or cause the removal of the facility pursuant to the terms of its pole attachment agreement for municipal utility poles, or through whatever actions are provided for the abatement of nuisances or by other law for removal and cost recovery.
(5) A wireless provider shall provide written notice to the village if it sells or transfers small wireless facilities within the jurisdiction of the village. The notice shall include the name and contact information of the new wireless provider, and a listing of all locations within the village affected by the sale or transfer. Upon transfer, the successor shall enter into a master pole attachment agreement within 90 days, and immediately upon transfer, provide a substitute surety as required in division (K) above.
(Ord. 3334, passed 12-20-21)