(a) Public Right-of-Way Route. Consent granted to a Service Provider to Occupy or Use the Public Right-of-Way under Section 911.02 shall be limited to a grant to Occupy or Use the specific Public Right-of Way and defined portions thereof, including the specific Small Cell Facility and Wireless Support Structure and location along the Public Right-of-Way, as approved by the Village.
(b) Nonexclusive Consent to Occupy the Public Right-of-Way. No consent granted under Section 911.02 shall confer any exclusive right, privilege, license, or franchise to Occupy or Use the Public Right-of-Way of the Village, other than as specifically provided in said consent.
(c) Rights Permitted. No consent granted under Section 911.02 shall convey any right, title, or interest in the Public Right-of-Way, but shall be deemed a consent only to Occupy or Use the Public Right-of-Way for the limited purposes granted by the consent. Further, no consent shall be construed as any warranty of title.
(d) Height. For a new Wireless Support Structure, the overall height of the Wireless Support Structure and any Collocated Antenna shall not be more than forty (40) feet in height above ground level.
(e) Maximum Size. The Small Cell Facility must conform to the size limitations as defined for a Small Cell Facility in Section 911.01(b)(26) of this Chapter.
(f) Color. The Small Cell Facility shall be a color or colors that are consistent with or most blends into the Wireless Support Structure on which they are installed, unless a different color is needed for public safety or service reliability reasons.
(g) Wiring and Cabling. Wires and cables connecting the Small Cell Facility shall be installed in accordance with the version of the National Electrical Code adopted by the Village and in force at the time of installation. In no event shall wiring and cabling serving the Small Cell Facility interfere with any wiring or cabling installed by a cable television or video service operator, electric utility, telephone utility, or other utility.
(h) Guy Wires Restricted. Guy wires and similar support structures may not be used as part of the installation of any Small Cell Facility and Wireless Support Structure, unless the Small Cell Facility is proposed to be attached to an existing Utility Pole that incorporated guy wires prior to the date of the request for consent.
(i) Grounding. The Small Cell Facility, including any ground-mounted equipment, shall be grounded in accordance with the requirements of the most current edition of the National Electrical Code adopted by the Village regarding grounding of wireless facilities.
(j) Signage. Other than warning or notification signs required by federal law, or identification and location markings required by the Village, a Small Cell Facility and Wireless Support Structure shall not have signs installed thereon.
(k) Maintenance of Small Cell Facility and Wireless Support Structure. Each Service Provider shall maintain its Small Cell Facility and Wireless Support Structure in good and safe condition and in a manner that complies with all applicable federal, State, and local requirements.
(l) Safety Procedures. A Service Provider or other Person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares, and other measures as necessary and in accordance with applicable State and local requirements for the safety of all members of the general public and to prevent injury or damage to any Person, vehicle, or property by reason of such work in or affecting such Public Right-of-Way or property.
(m) Interference with the Public Right-of-Ways. No Service Provider may locate or maintain its Small Cell Facility and Wireless Support Structure so as to unreasonably interfere with the use of the Public Right-of-Way by the Village, by the general public, or by other Persons authorized to use or be present in or upon the Public Right-of-Way. All such Small Cell Facilities and Wireless Support Structures shall be moved by the Service Provider, temporarily or permanently, as determined by the Zoning Officer when necessary to protect the public, comply with the provisions of this Chapter, or otherwise comply with local, state, or federal laws. The expense or cost to move said Small Cell Facility and Wireless Support Structure shall be the responsibility of the Service Provider.
(n) Damage to Public and Private Property. No Service Provider nor any Person acting on the Service Provider's behalf shall take any action or permit any action to be done which may impair or damage any Village Property, Public Right-of-Way, or other public or private property located in, on, or adjacent thereto.
(o) Restoration of Public Right-of-Way, Other Ways, and Village Property.
(1) When a Service Provider, or any Person acting on its behalf, doesany work in or affecting any Public Right-of-Way or Village Property, it shall, after the work is completed and at its own expense, promptly remove any obstructions therefrom and restore such ways or property, within ten (10) to thirty (30) days, at the Zoning Officer's discretion, to as good a condition as existed before the work was undertaken, unless otherwise directed by the Village.
(2) If weather or other conditions do not permit the complete restorationrequired by this Section, the Service Provider shall temporarily restorethe affected ways or property as directed by the Zoning Officer. Such temporary restoration shall be at the Service Provider's sole expense and the Service Provider shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
(p) Damage to Service Provider's Small Cell Facility and Wireless Support Structure. Unless directly and proximately caused by the willful, intentional, or malicious acts of the Village, the Village shall not be liable for any damage to or loss of any Small Cell Facility and Wireless Support Structure in the Public Right-of-Way of the Village as a result of or in connection with, but not limited to, any public works, public improvements, Construction, Excavation, grading, filling, salting, snow removal, or work of any kind in the Public Right-of-Way by or on behalf of the Village.
(q) Duty to Provide Information. Within ten (10) days of a written request from the Village, each Service Provider shall furnish the Village with documentation sufficient to show that the Service Provider has complied with all requirements of this Chapter.
(r) Assignments or Transfers of Consent. Consent to Occupy or Use the Public Right-of-Way may be, directly or indirectly, transferred, assigned, or disposed of by sale, lease, merger, consolidation, or other act of the Service Provider, by operation of law or otherwise, without consent of the Village, so long as:
(1) The Village is notified of the proposed transfer on or before the date of transfer; and
(2) The transferee shall fully comply with this Chapter within sixty (60) days of the transfer, including, but not limited to:
A. All information required by the application for consent to Occupyor Use the Public Right-of-Way pursuant to Section 911.02 of this Chapter; and
B. Any other information reasonably required by the Village.
(s) Revocation of Consent. Consent granted by the Village to Occupy or Use the Public Right-of-Way of the Village may be revoked for any one of the following reasons:
(1) Construction, Reconstruction, installation, location, operation, orExcavation at an unauthorized location.
(2) Construction, Reconstruction, installation, location, operation, or Excavation in violation of Village or State safety and/or Constructionrequirements.
(3) Material misrepresentation or lack of candor by or on behalf of a Service Provider in any Permit application or registration required by the Village;
(4) Abandonment of a Small Cell Facility and/or Wireless Support Structure in the Public Right-of-Way.
(5) Failure to relocate or remove a Small Cell Facility and/or Wireless Support Structure or failure to restore the Public Right-of-Way, as required by this Chapter.
(6) Insolvency or bankruptcy of the Service Provider.
(7) The Small Cell Facility and/or Wireless Support Structure is in a state of disrepair which creates a public nuisance.
(8) Violation of material provisions of this Chapter.
(9) Construction under the consent is not commenced within two (2) years of the consent approval date.
(t) Notice and Duty to Cure. In the event the Zoning Officer believes grounds exist for revocation of consent to Occupy or Use the Public Right-of-Way or Construction Permit, the Zoning Officer shall give the Service Provider written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the Service Provider a reasonable period of time not exceeding thirty (30) days to furnish evidence:
(1) That corrective action has been, or is being actively and expeditiouslypursued, to remedy the violation or noncompliance;
(2) That rebuts the alleged violation or noncompliance; and/or
(3) That it would be in the public interest to impose some penalty or sanction less than revocation.
(u) Reservation by Village for Future Uses. The Village may reserve space for future public safety or transportation uses in the Public Right-of-Way, or on a Wireless Support Structure or pole owned by the Village. Said reservation of space shall be set forth in a documented plan, subject to the approval of the Planning Commission. A reservation of space by the Village shall not preclude placement of a pole or Collocation of a Small Cell Facility by a Private Service Provider; provided, however, that said pole or Wireless Support Structure shall accommodate any future use reserved by the Village. In the event it is necessary to replace any Village pole or Wireless Support Structure to accommodate the Collocation of a Service Provider's Small Cell Facility, the Service Provider shall pay for the replacement of the Village pole or Wireless Support Structure.
(v) Alternate Location. The Village may propose an alternate location to the proposed location of a new Wireless Support Structure that is either within one hundred (100) feet of the location set forth in a Person's application for Consent to Occupy or use a Public Right-of-Way, or is within a distance that is equivalent to the width of the Public Right-of-Way that the new Wireless Support Structure is proposed to be located on; whichever is greater. Any applicant or Service Provider shall be required to use the alternate location proposed by the Village if the applicant or Service Provider has the right to use the alternate location on reasonable terms and conditions and the alternate location does not impose technical limits or additional costs.
(w) Time for Completion. Any Collocation or Construction of a new Wireless Support Structure shall be completed within on hundred eighty (180) days after the issuance of a Consent to Occupy or Use the Public Right-of-Way. The Village and Service Provider may extend this completion date by mutual agreement.
(x) Underground Placement. No Small Cell Facility or Wireless Support Structure shall be constructed in a Public Right-of-Way that is located in an area in which it was required, or will be required under the Village of Peninsula Codified Ordinances, to install any electric Facilities, telephone Facilities, or any other Facilities underground. This prohibition shall not apply to the replacement of a Wireless Support Structure or the Collocation of a Small Cell Facility on a Wireless Support Structure that exists in said designated area. A Service Provider may apply to the Planning Commission for a waiver of the underground placement requirement for the Construction of a new Wireless Support Structure if the Service Provider is unable to achieve its service objective under the following circumstances:
(1) From a location in the Public Right-of-Way where the prohibition does not apply;
(2) In a utility easement the Service Provider has the right to access; or
(3) In or on other suitable locations or structures made available by the Village at reasonable rates, fees, and terms.
(y) Municipal Structures. A Service Provider may Collocate a Small Cell Facility on a Wireless Support Structure owned by the Village and which is located in the Public Right-of-Way, provided that the Person complies with any applicable design guidelines and conditions for such Collocation adopted by the Village. The Village may condition approval of said Collocation on the replacement or modification of the Village's Wireless Support Structure, at the Service Provider's cost, if the Village determines that replacement or modification of the Village's Wireless Support Structure is necessary. The Village shall retain ownership of any Village Wireless Support Structure that is replaced. The Village shall annually charge the amount of Two Hundred Dollars ($200.00) per each Small Cell Facility Collocated on a Wireless Support Structure owner by the Village and located in the Public Right-of-Way as provided in Section 911.02(c)(5). (Ord. 25-2018. Passed 9-10-18.)