(A) Village Review Of Utility Permit Applications: Completed permit applications for utility facilities which contain all required documentation, shall be examined by the Superintendent of Public Works within a reasonable time after filing. If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, and regulations, the Superintendent of Public Works shall reject such application in writing, stating the reasons therefor. If the Superintendent of Public Works is satisfied that the proposed work conforms to the requirements of this chapter and applicable ordinances, codes, laws, rules, and regulations, the Superintendent of Public Works shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the Superintendent of Public Works that the construction proposed under the application shall be in full compliance with the requirements of this chapter.
(B) Additional Village Review Of Applications Of Telecommunications Retailers:
1. Pursuant to section 4 of the Telephone Company Act 1 , a telecommunications retailer shall notify the Village that it intends to commence work governed by this chapter for facilities for the provision of telecommunications services. Such notice shall consist of plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the Village not less than ten (10) days prior to the commencement of work requiring no excavation and not less than thirty (30) days prior to the commencement of work requiring excavation. The Superintendent of Public Works shall specify the portion of the right-of-way upon which the facility may be placed, used and constructed.
2. In the event that the Superintendent of Public Works fails to provide such specification of location to the telecommunications retailer within either: a) ten (10) days after service of notice to the Village by the telecommunications retailer in the case of work not involving excavation for new construction or b) twenty five (25) days after service of notice by the telecommunications retailer in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this chapter.
3. Upon the provision of such specification by the Village, where a permit is required for work pursuant to section 6-7-4 of this chapter the telecommunications retailer shall submit to the Village an application for a permit and any and all plans, specifications and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of subsection (A) of this section.
(C) Additional Village Review Of Applications Of Holders Of State Authorization Under The Cable And Video Competition Law Of 2007: Applications by a utility that is a holder of a State-issued authorization under the Cable and Video Competition Law of 2007 shall be deemed granted forty five (45) days after submission to the Village, unless otherwise acted upon by the Village, provided the holder has complied with applicable Village codes, ordinances, and regulations.
(D) Processing Wireless Facility Applications: The Village shall process applications for wireless facilities as follows:
1. Prioritization: The first completed application shall have priority over applications received by different wireless facility applicants for collocation on the same utility pole or wireless support structure.
2. Application Completion: Within thirty (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 thirty (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. Processing deadlines are tolled from the time the Village sends the notice of incompleteness to the time the applicant provides the missing information.
3. Existing Poles Or Structures: 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 ninety (90) days after the submission of a completed application. 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.
4. New Utility Poles: 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 after the submission of a completed application. 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.
5. Application Denied: The Village shall deny an application which does not meet the requirements of this chapter. If the Village determines that applicable codes, ordinances or regulations that concern public safety, or the requirements of section 6-7-9 of this chapter, 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 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. 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 the applicant to submit a new application with applicable fees, and result in 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 revised application. Any review of a revised application shall be limited to the deficiencies cited in the denial, except in cases in which 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.
6. Master Pole Attachment Agreement: Within thirty (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, provided by the Village for the initial collocation on a Municipal utility pole by the application. For subsequent approved permits to collocate on a small wireless facility or a Municipal utility pole, the Village and the applicant shall enter into a License Supplement of the Master Pole Attachment Agreement.
7. 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. (Ord. 18-09, 8-6-2018)
Notes
| 1 | 1. 220 ILCS 65/4. |