(A) Permit Required: No person shall make any excavation in any Village right-of-way, or construct (as defined in this chapter) any facility on, over, above, along, upon, under, across, or within any Village right-of-way which: 1) changes the location of the facility, 2) adds a new facility, 3) disrupts the right-of- way (as defined in this chapter), or 4) materially increases the amount of area or space occupied by the facility on, over, above, along, upon, under, across or within the right-of-way, without first filing an application with the Director of Public Works and obtaining a permit from the Village therefor, except as otherwise provided in this chapter. No permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the right-of-way.
No application, approval, or permit shall be required for routine maintenance, the replacement of small 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, or the installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with applicable Safety Codes. The Village may require a permit to work within the right-of-way for activities that affect traffic patterns or that require lane closures.
The exceptions to this section are planned unit developments and subdivisions for which plans have excavations indicated and for which the Mayor and Board of Trustees have approved same, pursuant to the provisions in title 5, chapter 14, and title 6 of this Code, respectively. Further, aforesaid exceptions shall only apply to those subdivisions or planned unit developments for which a security has been posted for the public improvements including the aforementioned excavations.
Should any work for which a permit is required be commenced or be done before such permit is issued and obtained, the required permit may be issued for such and subsequent work, however, the issuance of such permit does not act to bar any other penalty as set forth in Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(B) Permit Application: All applications for permits pursuant to this chapter shall be filed on a form provided by the Village and shall be filed in such number of duplicate copies as the Village may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly. The application for a small wireless facility, along with supporting information and notices, must be submitted to the Director of Public Works.
(C) Minimum General Application Requirements: The application shall be made by the wireless provider or utility or the duly authorized representative and shall contain, at a minimum, the following:
1. The applicant's name and address and telephone and telecopy numbers;
2. The applicant's name and address, if different than the wireless provider or utility, its telephone, telecopy numbers, e-mail address, and its interest in the work;
3. The names, addresses and telephone and telecopy numbers and e-mail addresses of all professional consultants, if any, advising the applicant with respect to the application;
4. A general description of the proposed work and the purposes and intent of the facility and the uses to which the facility will be put. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed;
5. Evidence that the wireless provider or utility or contractor has placed on file with the Village:
(a) A written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the "Illinois Manual On Uniform Traffic Control Devices", to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and
(b) An emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the Village and shall promote protection of the safety and convenience of the public. Compliance with ICC regulations for emergency contingency plans constitutes compliance with this subsection (C)5(b) unless the Village finds that additional information or assurances are needed;
6. Drawings, plans and specifications showing the work proposed, including the certification of an engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations;
7. Evidence of insurance as required in section 7-1-9 of this chapter;
8. Evidence of posting of the Security Fund as required in section 7-1-11 of this chapter;
9. Any request for a variance from one or more provisions of this chapter (see section 7-1-23 of this chapter);
10. The duration of any excavation. This duration shall not be for longer than one business day, unless specifically approved in writing by the Public Works Director.
11. Such additional information as may be reasonably required by the Village.
(D) Supplemental Application Requirements For Specific Types Of Facilities: In addition to the requirements of subsection (C) of this section, the permit application shall include the following items, as applicable to the specific facility that is the subject of the permit application:
1. In the case of the installation of a new electric power, communications, cable television service, video service or natural gas distribution system, evidence that any "certificate of public convenience and necessity" or other regulatory authorization that the applicant is required by law to obtain, or that the applicant has elected to obtain, has been issued by the ICC or other jurisdictional authority;
2. In the case of natural gas systems, state the proposed pipe size, design, construction class, and operating pressures;
3. In the case of water lines, indicate that all requirements of the Illinois Environmental Protection Agency, Division of Public Water Supplies, have been satisfied;
4. In the case of sewer line installations, indicate that the land and water pollution requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control and other local or State entities with jurisdiction, have been satisfied; or
5. In the case of petroleum products pipelines, state the type or types of petroleum products, pipe size, maximum working pressure, and the design standard to be followed. (Ord. 2018-4776, 7-23-2018)
6. Applicants submitting for the installation of small wireless facilities must first enter into a Master Pole Attachment Agreement with the Village. Each subsequent permit application must include the following:
(a) Drawings and site plans for each proposed small wireless facility covered by the application;
(b) The location where each proposed small wireless facility or utility pole will be installed and photographs of the location and its immediate surroundings;
(c) A site specific structural analysis and engineering drawing for each proposed small wireless facility covered by the application, prepared and stamped by a professional engineer, which demonstrates the utility pole or Municipally-owned infrastructure is safely capable of supporting the small wireless facility in all reasonably foreseeable weather conditions without creating a risk to public health and safety. The structural analysis will also describe the method by which the facility is designed to fail and demonstrate that any structural failure to the facility shall not cause harm to any residential structure;
(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;
(f) Certification that the collocation complies with section 7-1-16 of this chapter; and
(g) Applications must include the screening and stealth concealment methods used for each proposed small wireless facility covered by the application. (Ord. 2018-4787, 10-1-2018)
(E) Applicant's Duty To Update Information: Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the applicant in writing to the Village within thirty (30) days after the change necessitating the amendment.
(F) Application Fees: Unless otherwise provided by franchise, license, or similar agreement, applications for a permit pursuant to this chapter shall be accompanied by a fee in the amount established in Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”. No application fee is required to be paid by any electricity utility that is paying the Municipal electricity infrastructure maintenance fee pursuant to the Electricity Infrastructure Maintenance Fee Act.
(G) Application Fees For Small Wireless Facilities: All applications for the collocation of a single small wireless facility on an existing utility pole or wireless support structure shall be accompanied by a fee as set forth in Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”. All applications for the collocation of more than one small wireless facility on an existing utility pole or wireless support structure shall be accompanied by a fee as set forth in Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures” for each small wireless facility addressed in said application. An application for the installation of a small wireless facility that will require a new utility pole must be accompanied by a fee as set forth in Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(H) Consolidated Applications For Small Wireless Facilities: Applications for small wireless facilities may be submitted on a consolidated basis provided they involve the same type of small wireless facility and the same type of structure. The Village may, at its discretion, remove small wireless facility collocations from the consolidated application and treat them separately for purposes of deeming the application incomplete or denied. (Ord. 2018-4776, 7-23-2018; amd. Ord. 2021-4921, 9-20-2021)