An applicant shall obtain one or more permit applications 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:
(A) Application requirements. An applicant shall provide the following information to the village, together with the village’s small wireless facilities permit application, as a condition of any permit application to collocate small wireless facilities on a utility pole or wireless support structure:
(1) Site specific structural integrity and, for a municipal 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;
(2) The location where each proposed small wireless facility 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. The drawings 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; and
(6) Certification that the 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 structure or pole owned by an entity other than the village, the applicant shall provide legally competent evidence of the consent of the owner of such structure or pole to the proposed collocation.
(B) Application process. The village shall process applications as follows:
(1) 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) 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 within 90 days.
(3) (a) An application to install a small wireless facility on an existing pole or wireless support structure shall be deemed approved if the village fails to approve or deny the application within 90 days after the submission of a completed application. However, if an applicant intends to proceed with the installation of a small wireless facility 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.
(b) The permit application 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 chapter.
(4) An application to collocate a small wireless facility that includes the installation of a new utility pole or wireless support structure shall be processed on a nondiscriminatory basis within 120 days.
(5) (a) An application to install a new utility pole or wireless support structure shall be deemed approved if the village fails to approve or deny the application within 120 days after the submission of a completed application. However, if an applicant intends to proceed with the installation of a small wireless facility 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.
(b) 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 chapter.
(6) (a) If the application and any supporting documentation is in proper form, and if the small wireless facility indicated therein, in the judgment of the Village Administrator or village staff, appears to be in conformance with this chapter and all other applicable village requirements, and the application permit fee has been paid, the Village Administrator or village staff shall issue the permit for collocation of a small wireless facility. If otherwise, the application shall be denied.
(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 the day the village denies an application.
(7) (a) The applicant may cure the deficiencies identified by the village and resubmit a 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 receipt of the revised application or the application shall be deemed approved. Failure to resubmit a revised application within 30 days of denial shall require the applicant to submit a new application with all applicable fees, and recommencement of the village’s review period.
(b) The applicant must notify the village in writing of its intention to proceed with the installation of a small wireless facility on a deemed approved basis, which notification shall be submitted with the revised application.
(8) Any review of a revised application shall be limited to the deficiencies cited in the denial. However, this revised application review process 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. In such instances the village shall approve or deny the revised application within 60 days after the receipt of the revised application.
(9) If the village determines that applicable codes, ordinances or regulations that concern public safety, or the collocation requirements and conditions contained herein require that the utility pole or wireless support structure be replaced before the requested collocation, approval of the permit application shall be conditioned upon the replacement of the utility pole or wireless support structure at the cost of the provider.
(C) Completeness of application.
(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 shall be suspended and the time periods for review extended from the time the village sends the notice of incompleteness to the applicant until the time the applicant provides the missing information to the village.
(D) Time extensions. The time period for consideration of applications may be further extended 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 in consideration of the application.
(E) Consolidated applications.
(1) 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.
(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 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.
(F) 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.
(Ord. 18-07-01, passed 7-24-2018)