A. Permitted Use: Small wireless facilities shall be classified as permitted uses when located on real property and subject to administrative review, except as provided herein regarding height exceptions or variances, but not subject to zoning review or approval if they are collocated: 1) in rights-of-way in any zone, or 2) outside rights-of-way in property zoned exclusively for commercial or industrial use.
B. Permit Required: An applicant is required to obtain one or more permits to collocate a small wireless facility. An application is received and processed, and permits are issued subject to the following requirements:
1. Public Safety Space Reservation: The Village may reserve space on authority utility poles for future public safety uses but a reservation of space may not preclude the collocation of a small wireless facility unless the Village reasonably determines that the authority utility pole cannot accommodate both uses.
2. Application Requirements: A wireless provider shall be required to provide the following information when seeking a permit to collocate small wireless facilities on a utility pole or wireless support structure:
a. Site specific structural integrity and, for an authority 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;
b. The location where each proposed small wireless facility or utility pole 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;
c. 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;
d. The equipment type, model numbers and size for the antennas and all other wireless equipment associated with the small wireless facility;
e. A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved; and
f. Certification that the collocation complies with the requirements herein to the best of the applicant's knowledge.
C. Alternate Placements: 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.
The Village may require the applicant to provide a written certification describing the property rights, technical limits or material cost reasons the alternate location does not satisfy the criteria in this paragraph.
D. Height Limitations: The Village shall limit the maximum height of a small wireless facility to ten feet (10') above the utility pole or wireless support structure on which the small wireless facility is collocated.
Subject to any applicable waiver, zoning, or other process that addresses wireless provider requests for an exception or variance and does not prohibit granting of such exceptions or variances, the Village shall limit the height of new or replacement utility poles or wireless support structures on which small wireless facilities are collocated to 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.
E. Requirements:
1. 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 take all reasonable steps necessary to correct and eliminate the interference, including, but not limited to, powering down the small wireless facility and later powering up the small wireless facility for intermittent testing, if necessary. The Village may terminate a permit for a small wireless facility based on such interference if the wireless provider is not making a good faith effort to remedy the problem 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.
2. 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.
3. The wireless provider shall comply with applicable spacing requirements in applicable codes and ordinances concerning the location of ground-mounted equipment located in the right-of-way if the requirements include a waiver, zoning, or other process that addresses wireless provider requests for exception or variance and do not prohibit granting of such exceptions or variances.
4. The wireless provider shall comply with local code provisions or regulations concerning undergrounding requirements that prohibit the installation of new or the modification of existing utility poles in a right-of-way without prior approval if the requirements include a waiver, zoning, or other process that addresses requests to install such new utility poles or modify such existing utility poles and do not prohibit the replacement of utility poles.
5. The wireless provider shall comply with generally applicable standards that are consistent with PA 100-0585 and adopted by the Village for construction and public safety in the rights-of-way, including, but not limited to, reasonable and nondiscriminatory wiring and cabling requirements, grounding requirements, utility pole extension requirements, and signage limitations. Such requirements shall be those contained in this Code, or those included as conditions of permit approval at the time of permit review. The Public Works Director and Village Engineer are authorized and directed to establish any such required or recommended permit conditions.
6. 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 subsection E6, 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.
7. The wireless provider shall comply with the applicable codes and local code provisions or regulations that concern public safety.
8. 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 identified by the Village in an ordinance, written policy adopted by the governing board of the authority, 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.
9. Subject to the subsection titled permitted use, and except for facilities excluded from evaluation for effects on historic properties under 47 CFR 1.1307(a)(4), the Village requires reasonable, technically feasible and non-discriminatory design or concealment measures in a historic district or historic landmark. Any such design or concealment measures, including restrictions on a specific category of poles, may not have the effect of prohibiting any provider's technology. Such design and concealment measures shall not be considered a part of the small wireless facility for purposes of the size restrictions of a small wireless facility. This paragraph may not be construed to limit an authority's enforcement of historic preservation in conformance with the requirements adopted pursuant to the Illinois State Agency Historic Resources Preservation Act or the National Historic Preservation Act of 1966, 54 USC section 300101 et seq., and the regulations adopted to implement those laws.
F. Completeness Of Application: Within thirty (30) days after receiving an application, the Village must 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 when 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.
G. Application Process: The Village shall process applications as follows:
1. An application to collocate a small wireless facility on an existing utility pole or wireless support structure shall be processed on a nondiscriminatory basis and deemed approved if the Village fails to approve or deny the application within ninety (90) days. However, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant must 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 chapter.
2. 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. However, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant must 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 chapter.
3. The Village shall approve an application unless the application does not meet the requirements of this chapter. If the Village determines that applicable codes, local code provisions or regulations that concern public safety, or the requirements of subsection E of this section require that the utility pole or wireless support structure be replaced before the requested collocation, approval may be conditioned on the replacement of the utility pole or wireless support structure at the cost of the provider. The Village must document the basis for a denial, including the specific code provisions or application conditions on which the denial was 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. However, 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 resubmitted application. Any subsequent review shall be limited to the deficiencies cited in the denial. However, this revised application cure 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.
H. Tolling: The time period for applications may be further tolled by: 1) the express agreement in writing by both the applicant and the Village; or 2) a local, State or Federal disaster declaration or similar emergency that causes the delay.
I. Consolidated Applications: An applicant seeking to collocate small wireless facilities within the jurisdiction of a single authority shall be allowed to file a consolidated application and receive a single permit for the collocation of up to twenty five (25) small wireless facilities if the collocations each involve substantially the same type of small wireless facility and substantially the same type of structure. 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.
J. Collocation Completion Deadline: Collocation for which a permit is granted shall be completed within one hundred eighty (180) days after issuance of the permit, unless the Village and the wireless provider agree to extend this period or a delay is caused by make-ready work for an authority utility pole or by the lack of commercial power or backhaul availability at the site, provided the wireless provider has made a timely request within sixty (60) days after the issuance of the permit for commercial power or backhaul services, and the additional time to complete installation does not exceed three hundred sixty (360) days after issuance of the permit. Otherwise, the permit shall be void unless the Village grants an extension in writing to the applicant. The applicant shall provide documentation to the Village evidencing its compliance with these timelines upon request, and the failure or refusal of the applicant to provide such documentation shall constitute grounds for voiding a permit. A permit which is issued and for which construction is not timely implemented and completed as required herein shall be void and of no further force or effect after the passage of the time periods described above, without requirement of any Village notice or due process.
K. Duration Of Permits: The duration of a permit shall be for a period of five (5) years, and the permit shall be renewed for equivalent durations unless the Village makes a finding that the small wireless facilities or the new or modified utility pole do not comply with the applicable codes or local code provisions or regulations. If PA 100-0585 is repealed as provided in section 90 of the Act, renewals of permits shall be subject to the applicable authority code provisions or regulations in effect at the time of renewal.
L. Means Of Submitting Applications: Applicants shall submit applications, supporting information, and notices by personal delivery only, with an electronic copy of all plans and documents provided to the Village in the format required by the Public Works Director. The Village may require that permits, supporting information, and notices be submitted by personal delivery at the Village's designated place of business. Fifteen (15) paper copies of all documents submitted for permit application shall be provided at the time of delivery of the personally delivered application. (Ord. 2018-O-19, 7-16-2018)