A. Permitted Use: Small wireless facilities shall be classified as permitted uses and subject to administrative review, except as provided in subsection B4 of this section regarding height exceptions or variances, but not subject to zoning review or approval if they are collocated: 1) in rights-of-way in any zone, 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 received and processed, and permits issued shall be subject to the following conditions and requirements:
1. Public Safety Space Reservation: The Village Administrator, after review and consultation with the Public Works, Police, and Community Development Departments, shall reserve space on Village owned utility poles for future public safety uses. Such reservation may preclude collocation of small wireless facilities if the Village reasonably determines that any such reserved Village utility poles cannot accommodate both uses.
2. Application Requirements: A wireless provider shall provide the following information to the Village as a material 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 an authority 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;
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 location where utility poles or structures would be installed;
c. 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;
d. The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility;
e. A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved; and
f. Certification that the collocation complies with subsection B5, "Requirements", of this section to the best of the applicant's knowledge.
g. 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.
h. In the event that the proposed small wireless facility is to be attached to an existing pole owned by the Village, the wireless provider shall be required to enter into a pole usage agreement in a form to be provided by the Village.
3. Alternate Placements: 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 one hundred feet (100') 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.
If the applicant refuses a collocation proposed by the Village it 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. It shall be the burden of the applicant, by presentation of legally competent evidence, to establish that the Village's alternative proposed collocation imposes technical limits or additional material costs that render the alternative collocation unreasonable.
4. Height Limitations: The Village maximum height of a small wireless facility shall be no more than ten feet (10') above the utility pole or wireless support structure on which the small wireless facility is collocated.
If an applicant proposes a height in excess of ten feet (10') above the utility pole or wireless support structure on which the small wireless facility is proposed for installation the applicant shall apply for a variation. Any variance when granted shall limit the height of any proposed wireless facility to the higher of:
a. Ten feet (10') 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 three hundred feet (300') 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 three hundred feet (300') of the proposed utility pole or wireless support structures shall control the height limitation for such facility; or
b. Forty five feet (45') above ground level.
5. Requirements:
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.
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 problem 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.
The Village may terminate a permit for a small wireless facility based on such interference if the wireless provider is not complying with the Code of Federal Regulations cited above. The burden to establish the good faith effort shall be on the wireless provider which shall timely deliver to the Village all information necessary to determine its efforts to resolve the interference consistent with the sections of the Codes of Federal Regulations cited above. Failure to remedy the problem as required herein shall constitute a public nuisance and violation of this section subjecting the wireless provider to injunctive relief and fines consistent with the Village Code.
b. 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.
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.
For purposes of this subsection B5b, 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.
The wireless provider shall be required to accept maintenance responsibility of the Village's traffic signal or street lighting equipment for the duration or the installation activity. The transfer of maintenance shall be to a qualified contractor that is prequalified by IDOT in the electrical category. All traffic signal maintenance activity must be completed by personnel certified by IMSA as a level II traffic signal technician. Any subsequent routine maintenance and/or modification to the wireless telecommunications facility may require a maintenance transfer of the Village's traffic signal or lighting equipment at the discretion of the Village Administrator or his/her duly authorized designee.
c. The wireless provider shall comply with the applicable codes and local code provisions or regulations that concern public safety.
d. 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 identified by the Village in an ordinance, written policy adopted by the Governing Board of the authority, 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.
e. Subject to subsection A, "Permitted Use", of this section, and except for facilities excluded from evaluation for effects on historic properties under 47 CFR 1.1307(a)(4), the Village requires reasonable, technically feasible and non-discriminatory design or concealment measures in a historic district or historic landmark.
6. Completeness Of Application: Within thirty (30) days after receiving an application, the Village will determine whether the application is complete and notify the applicant. If an application is incomplete, the Village will specifically identify any missing information. An application shall be deemed complete if the Village fails to provide notification to the applicant within thirty (30) days after the date upon which all documents, information, and fees specifically enumerated in the Village's permit application form are submitted by the applicant to the Village.
Processing deadlines are tolled from the time the Village sends the notice of incompleteness to the time the applicant provides the missing information.
7. Application Process: The Village shall process applications as follows:
a. Multiple applications by different applicants for collocation on the same utility or wireless support structure shall be processed based on a first fully complete application, then first served basis.
b. An application to collocate a small wireless facility on an existing utility pole or wireless support structure shall be processed on a nondiscriminatory basis and deemed approved if the Village fails to approve or deny the application within ninety (90) days.
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 seventy five (75) days after the submission of a completed application.
The permit shall be deemed approved on the latter of the 90th day after submission of the complete application or the 10th 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 section.
c. 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 one hundred twenty (120) days.
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 one hundred five (105) days after the submission of a completed application.
The permit shall be deemed approved on the latter of the 120th day after submission of the complete application or the 10th 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 section.
d. The Village shall deny an application not meeting the requirements of this chapter.
If the Village determines that applicable codes, ordinances or regulations that concern public safety, or the requirements of subsection B5 of this section 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.
The Village will document the basis for a denial, including the specific code provisions or application conditions on which the denial was based, and send the documentation to the applicant on or before the day the Village denies an application.
The applicant may cure the deficiencies identified by the Village and resubmit the revised application once within thirty (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 thirty (30) days after the applicant resubmits the application or it is deemed approved. Failure to resubmit the revised application within thirty (30) days of denial shall require a new application, new full application fee and recommencement of the Village's review period.
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 resubmitted application.
Any review of a revised application shall be limited to the deficiencies cited in the denial. However, this revised application cure 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.
8. Tolling: The time period for applications may be further tolled by:
a. The express agreement in writing by both the applicant and the Village; or
b. A local, State or Federal disaster declaration or similar emergency that causes the delay.
9. Consolidated Applications: An applicant seeking to collocate small wireless facilities within the jurisdiction of a single authority shall be allowed, at the applicant's discretion, to file a consolidated application and receive a single permit for the collocation of up to twenty five (25) small wireless facilities 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 subsection B2 of this section for each small wireless facility at each location.
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.
10. Collocation Completion Deadline: Collocation for which a permit is granted shall be completed within one hundred eighty (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 an authority 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 sixty (60) days after the issuance of the permit for commercial power or backhaul services, and the additional time to complete installation does not exceed three hundred sixty (360) days after issuance of the permit. Otherwise, the permit shall be void unless the Village grants an extension in writing to the applicant.
11. Duration Of Permits: The duration of a permit shall be for a period of not less than five (5) 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 codes or local Code provisions or regulations in subsections B5 and B7c of this section.
If PA 100-0585 is repealed or found unconstitutional by a court of competent jurisdiction, all permits granted by the Village under this chapter shall terminate at the end of their current term.
12. Means Of Submitting Applications: Applicants shall submit applications, supporting information, and notices by personal delivery or as otherwise required by the Village.
C. Application Fees: Application fees are hereby imposed as follows:
1. Applicant shall pay an application fee of six hundred fifty dollars ($650.00) for an application to collocate a single small wireless facility on an existing utility pole or wireless support structure and three hundred fifty dollars ($350.00) for each small wireless facility addressed in an application to collocate more than one small wireless facility on existing utility poles or wireless support structures.
2. Applicant shall pay an application fee of one thousand dollars ($1,000.00) for each small wireless facility addressed in an application that includes the installation of a new utility pole for such 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;
b. The replacement of wireless facilities with wireless facilities that are substantially similar, the same size, or smaller if the wireless provider notifies the Village at least ten (10) days prior to the planned replacement and includes equipment specifications for the replacement of equipment consistent with the requirements of subsections B2a through B2g of this section; or
c. 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.
Wireless providers shall secure a Village permit to work within rights-of-way for activities that affect traffic patterns or require lane closures.
D. Exceptions To Applicability: Nothing in this chapter authorizes a person to collocate small wireless facilities on:
1. 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;
2. 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
3. Property owned by a rail carrier registered under section 18c-7201 of the Illinois Vehicle Code, 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, 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 such utility's wireless facilities if the facilities are being used, developed, and maintained consistent with the provisions of subsection (i) of section 16-108.5 of the Public Utilities Act.
For the purposes of this subsection, "public utility" has the meaning given to that term in section 3-105 of the Public Utilities Act. 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.
E. Existing Agreements Grandfathered For Existing Locations: 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 authority 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.
F. Annual Recurring Rate: A wireless provider shall pay to the Village an annual recurring rate to collocate a small wireless facility on a Village owned utility pole located in a right-of- way that equals: 1) two hundred dollars ($200.00) per year, per pole or 2) the actual, direct, and reasonable costs related to the wireless provider's use of space on the Village utility pole. This recurring rate shall be reflected in the Village pole usage agreement required for connection to Village owned utility poles. If the Village has not billed the licensee actual direct and reasonable costs the fee shall be two hundred dollars ($200.00) payable on the first day after the first annual anniversary of the issuance of the permit or notice of intent to occupy and on each annual anniversary date thereafter. Late payments shall carry simple interest of six percent (6%) per month, non- prorated.
G. Abandonment: A small wireless facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of the facility shall remove the small wireless facility within ninety (90) days after receipt of written notice from the Village notifying the wireless provider of the abandonment.
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 ninety (90) days of such notice, the Village may remove or cause the removal of such facility pursuant to the terms of its pole attachment agreement for authority utility poles or through whatever actions are provided for abatement of nuisances or by other law for removal and cost recovery.
A wireless provider shall provide written notice to the Village if it sells or transfers small wireless facilities within the jurisdiction of the Village. Such notice shall include the name and contact information of the new wireless provider. (Ord. 2018-29, 5-24-2018)