The following requirements and conditions shall apply only to collocation of wireless facilities, as defined by this chapter:
(A) Permitted Use: Collocation of small wireless facilities on Village utility poles is a permitted use in the Village rights- of-way as long as such facilities meet the requirements of this chapter.
(B) Public Safety Space Reservation: The Village may reserve space on Municipal utility poles for 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.
(C) Installation And Maintenance: The wireless provider shall install, maintain, repair and modify its small wireless facilities in a safe condition and in good repair and in compliance with the requirements and conditions of this chapter. The wireless provider shall ensure that its employees, agents or contractors 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.
(D) Make-Ready Requirements: The Village may require make-ready work on an existing utility pole to ensure structural integrity, compliance with an approved Village plan, or to comply with any ordinance, law or regulation. The Village will not require more make-ready work than required to meet applicable codes or industry standards. Make-ready work may include work needed to accommodate additional public safety communications needs that are identified in a documented and approved plan for the deployment of public safety equipment as specified and included in an existing or preliminary Village or public service agency plan. Fees for make-ready work, including any Village utility pole attachment, shall not exceed actual costs or the amount charged to communications service providers for similar work and shall not include any consultants' fees or expenses for Village utility poles that do not support aerial facilities used to provide communications services or electric service. Make-ready work, including any pole replacement, shall be completed within sixty (60) days of written acceptance of the good-faith estimate by the Village at the wireless provider's sole cost and expense.
For Village utility poles that support aerial facilities used to provide communications services or electric services, a wireless provider shall comply with the process for make-ready work under 47 USC 224 and its implementing regulations. Wireless providers shall follow a substantially similar process for such make-ready work except to the extent that the timing requirements are otherwise addressed by this chapter. The good-faith estimate of the person owning or controlling Village's utility pole for any make- ready work necessary to enable the pole to support the requested collocation shall include Village utility pole replacement, if necessary. Fees for make-ready work for utility poles that support aerial facilities used to provide communications services or electric services may include reasonable consultants' fees and expenses.
(E) No Interference With Public Safety Communication Frequencies: 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 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. 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. Failure to remedy the interference as required herein shall constitute a public nuisance.
(F) Electric Distribution Or Transmission Systems: 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 section, 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.
(G) Public Safety: The wireless provider shall comply with all applicable codes and local code provisions or regulations that concern public safety.
(H) Design Standards: 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 set forth in any Village ordinance, 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.
(I) Alternate Placements: Except as provided in this section, 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 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, 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 paragraph.
(J) Height Limitations: The 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.
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 (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
2. Forty five feet (45') above ground level.
(K) 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 has proposed for collocation, the applicant shall apply for a variance in conformance with procedures, terms and conditions set forth in section 6-7-23 of this chapter.
(L) 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. (Ord. 18-09, 8-6-2018)