(a) Public safety conditions.
(1) Reservation of space. The Village has the right to reserve space on municipal utility poles for future public safety uses, for the Village's electric utility uses, or both. The reservation of such space shall not preclude the collocation of a small wireless facility unless the Village reasonably determines that the Village utility pole cannot accommodate both uses.
(2) Interference with public safety communication frequencies.
A. 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.
B. The 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.
C. 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.
D. If a small wireless facility causes interference as set forth in D. above, 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 wireless provider shall 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.
E. The Village has the right to terminate the permit for a small wireless facility based on such interference if the wireless provider is not in compliance with the sections of the Code of Federal Regulations set forth in subsection (iv). above. Failure to remedy the interference as required in herein shall constitute a public nuisance.
(b) Public safety concerns.
(1) The wireless provider shall comply with all applicable federal, state and local codes, code provisions, and regulations concerning public safety. The proposed collocation cannot materially interfere with the following:
A. The safe operation of traffic control equipment;
B. Sight lines or clear zones for transportation, pedestrians, or public safety purposes; and
C. Compliance with the Americans with Disabilities Act, or similar federal or state standards and regulations regarding pedestrian access or movement.
(2) Additionally, for the safety of electrical utility workers and members of the public, the small wireless facility shall comply with the following:
A. Small wireless facilities collocated on the same Village pole as a street light shall be on the same disconnect as the street light;
B. Small wireless facilities shall be grounded and otherwise full comply with all applicable electrical codes;
C. Whenever conduit of small wireless facilities crosses telephone or electric power wires, wires shall be crossed and be maintained in accordance with the National Electric Code, the National Electric Safety Code and the "Safety Rules for the Installation and Maintenance of Electrical Supply and Communication Lines" established by the Department of Commerce, Bureau of Standards of the United States in force at the time of the effective date of this Chapter, and as amended from time to time.
(c) Third-party contracts. The wireless provider shall comply with requirements that are imposed in 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.
(d) Non-interference with electric distribution/transmission system.
(1) 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.
(2) Notwithstanding the above, 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 top of the pole.
(3) For purposes of this subsection, 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, published by the Institute of Electrical and Electronics Engineers.
(e) Compliance with applicable codes and regulations.
(1) Design standards. The wireless provider shall comply with the village's written design standards applicable for decorative utility poles, stealth structures, concealment and aesthetic requirements set forth in a village ordinance, written policy, comprehensive plan or other written design that applies to other occupiers of the rights-of-way, including on a historic landmark or in a historic district.
(2) Signage. The wireless provider shall comply with any applicable provisions of Section 12, " Signs," of the Village Zoning Ordinance.
(3) Ground-mounted equipment spacing. The wireless provider shall comply with applicable spacing requirements set forth in Chapter 1052, "Construction of Utility Facilities in the Public Rights-of-Way." Any request by the wireless provider for a variance from the applicable spacing requirements shall be subject to the procedures set forth in Section 1052.21, Variances, of Chapter 1052.
(4) Underground regulations. The wireless provider shall comply with the provisions set forth in Chapter 1052 regulating 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 variance. Any request by a wireless provider for a variance to install such new utility poles or modify existing utility poles shall be subject to the procedures set forth in Section 1052.21, Variance, of Chapter 1052.
(5) The wireless provider shall comply with sign regulations applicable to public rights-of-way.
(f) Alternate placements.
(1) Existing utility poles. Except as provided in this Chapter, a wireless provider shall not be required to collocate small wireless facilities on an existing specific utility pole or category of existing utility poles or be required to collocate multiple antenna systems on a single existing pole.
(2) New utility poles.
A. For an application for the collocation of a small wireless facility on 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 (100) feet of the proposed collocation. The applicant shall be required to accept the Village's proposal if the applicant 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.
B. If the applicant refuses a collocation as proposed by the Village, the applicant shall be required to provide a written certification describing the property rights, technical limits or material cost reasons the alternate location does not satisfy the criteria set forth in this subsection.
(g) Height limitations. The maximum height of a small wireless facility shall be no more than ten (10) feet above the utility pole or wireless support structure on which the small wireless facility is collocated.
(1) New or replacement utility poles or wireless support structures. The height for new or replacement utility poles or wireless support structures on which small wireless facilities are collocated may not exceed the higher of:
A. Ten (10) feet in height above the tallest existing utility pole, other than a utility pole that only supports wireless facilities that exists within the right-of-way on the date the applicant is submitted to the Village, and is located within three hundred (300) feet of the new or replacement utility pole or wireless support structure and is in the same right-of-way within the jurisdictional boundary of the Village; provided, however, the Village may designate which intersecting right-of-way within the three hundred (300) feet of the proposed utility pole or wireless support structures shall control the height limitation for such facility; or
B. Forty-five (45) feet above ground level.
(2) Height exceptions/variances. If an applicant proposes a height for a new or replacement utility pole or wireless support structure in excess of the height limitations set forth above, the applicant may request a variance for the height limitation pursuant to the procedures, terms and conditions set forth in § 1052.21 of Chapter 1052, "Construction of Utility Facilities in the Public Right-of-Way."
(Ord. 1679. Passed 9-10-18.)