(A) General requirements. The following requirements shall apply to all small cell facilities and wireless support structures proposed within the right-of-way.
(1) No person shall occupy or use the right-of-way except in accordance with law.
(2) In occupying or using the right-of-way, no person shall unreasonably compromise the public health, safety, and welfare.
(3) No person shall occupy or use the right-of-way without first obtaining any requisite consent of the village. Before placing small cell facilities or wireless support structures in the right-of-way, an operator must apply for and receive a general right-of-way permit under this section. This provision shall not be construed to waive application fees or any other construction or work permit necessary for work in the village.
(4) The foregoing provisions shall not be construed to permit the construction and operation of wireline backhaul facilities.
(B) Pre-application conference.
(1) Purpose. Applicants are strongly encouraged to contact the village and request a pre-application conference. This meeting will provide an opportunity for early coordination regarding proposed small cell facilities and wireless support structure locations and design, and the application submittal and review process, to avoid any potential delays in the processing of an application and deployment of small cell facilities and wireless support structures in the village.
(2) Appointment required. An appointment is required for all pre-application conferences. Applicants must contact the designated village staff member as noted on the application form, who will provide applicants an appointment with all applicable village representatives in a timely manner.
(C) Application required. In accordance with federal and state law and this code, an operator may apply to the village to collocate a small cell facility on an existing wireless support structure and to construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the village rights-of-way. Anyone seeking to collocate a small cell facility on an existing wireless support structure and/ or to construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the village rights-of-way shall first duly file a written application with the village, in accordance with the requirements in this section and additional requirements set forth in the design guidelines as modified from time to time by the village.
(D) Required application materials. Unless otherwise required by state or federal law, all applicants shall submit to the village materials and information associated with each application as outlined in the design guidelines in order for the application to be considered complete.
(Ord. O-2591-19, passed 2-18-19)