A. Permitted Use: Small wireless facilities shall be classified as permitted uses and subject to administrative review, except for applications including requested variations from the requirements of this Chapter as specified herein, and not subject to zoning review or approval if they are collocated (i) in rights-of-way in any zoning district, or (ii) outside rights-of-way in property zoned exclusively for commercial or industrial use.
B. Permit Required: No person shall place, construct, reconstruct or modify a small wireless facility within the Village without a permit. An applicant shall obtain one (1) or more permits from the Village to collocate a small wireless facility. An application shall be received and processed, and permits issued shall be subject to the following conditions and requirements:
1. Application Requirements: A wireless provider shall provide the following information to the Village, together with the Village's small wireless facilities permit application, as a condition of any permit application to collocate small wireless facilities on a utility pole or wireless support structure:
a. Site specific structural integrity and, for a municipal 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, that includes addressing the acceptability of the site for factors such as pole loading from existing utility equipment and conductors as well as the small wireless facility, and that specifically includes evaluations pursuant to American National Standards Institute (ANSI) standards relating to heavy loads and wind;
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. This shall include a photo simulated depiction of the completed facility;
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, to include dimensional details of small wireless facilities and mounting hardware used to attach equipment to the utility pole or small wireless support structure;
d. The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility;
e. To the extent commercially available, technologically compatible with the local network system, and already used in its national or regional wireless network system, the wireless provider is required to install small wireless facilities with antenna and other equipment that have the smallest visual profile;
f. A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved;
g. Certification that the collocation complies with the collocation requirements and conditions stated in section 7-6-4 of this chapter, to the best of the applicant's knowledge;
h. In the event that the proposed small wireless facility is to be attached to an existing pole owned by an entity other than the Village, the wireless provider shall provide legally competent evidence of the consent of the owner of such pole to the proposed collocation;
i. In the event that the proposed small wireless facility is to be attached to an existing pole owned the Village, the wireless provider shall be required to enter into a pole usage agreement pursuant to division B2e;
j. Specific designation of any proposed small wireless facility as an "eligible facility request", as that term is defined in the Federal Telecommunications Act, 42 U.S.C. § 1455;
k. Information on whether a pre-application review was conducted with Village staff. It is recommended that applicants arrange a review of the proposed location and design of small wireless facilities and new wireless support structures with the Village Engineer and other applicable staff prior to application. Such review does not constitute approval, but is instead designed to promote administrative efficiency by identifying existing utility conflicts and other issues that might be readily identified and/or resolved by communication between the applicant and Village staff;
l. A written affidavit signed by a radio frequency engineer certifying the small wireless facility's compliance with applicable FCC rules and regulations relative to radio frequency emissions, as well as technical data such as the frequencies in use, power output levels and antenna specifications, reasonably necessary to evaluate compliance with maximum permissible exposure levels set by the FCC, as well as a monitoring plan for the applicant's facility capable of tracking and recording the daily amounts or levels of radio frequency emissions produced by the equipment, in order to verify on an ongoing basis that the small wireless facility will not exceed applicable FCC rules and regulations;
m. Proof of all applicable licenses or other approvals required by the FCC;
n. A written report that analyzes acoustic levels for the small wireless facility and all associated equipment including, without limitation, all environmental control units, sump pumps, temporary backup power generators and, and permanent backup power generators in order to demonstrate compliance with applicable Village noise regulations, including, but not limited to, section 7-6-13 of this chapter. The acoustic analysis must be prepared and certified by an engineer and include an analysis of the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of a written report, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits;
o. Information showing the small wireless facility has received any required review (for example, environmental assessment and review) by the FCC pursuant to the National Environmental Policy Act ("NEPA"), or is exempt from such requirements. If the applicant claims the small wireless facility is exempt, it must state the basis for the exemption and provide proof, including supporting documents that establish that the facility meets such exemption;
p. A written description and/or map identifying the geographic service area for the small wireless facility;
q. A sample of the proposed notice to be mailed pursuant to subsection C, below, and a list of intended recipients (including content and mailing envelope);
r. For work in the public right-of-way, evidence of posting of the security fund as required in section 7-5-10;
s. Where installation is proposed in right-of-way, as defined in this Chapter, that consists of an "easement for compatible use", a certified copy of the original easement documents and other supporting documentation demonstrating that the applicant has the right to install, mount, maintain and remove a small wireless facility and associated equipment in or on the easement for the length of the permit. If the applicant is claiming access to the easement as an assignee or successor in interest, the applicant shall, in addition, provide documents demonstrating that its assigned or successor rights in the easement are sufficient to allow it to install, mount, maintain and remove the small wireless facility and associated equipment for the length of the permit;
t. Applicants are required to include with any application a master plan which identifies the location of the proposed small wireless facility in relation to all existing and potential locations in the Village that are reasonably anticipated for construction within two (2) years of submittal of the application; and
u. All other documentation and materials identified in section 7-5-4 entitled "Permit required - Applications and fees."
2. Application Process: The Village shall process applications as follows:
a. The first completed application shall have priority over applications received by different applicants for collocation on the same utility pole or wireless support structure.
b. (1) An application to collocate a small wireless facility on an existing utility pole or wireless support structure, or replacement of an existing utility pole or wireless support structure, shall be processed on a nondiscriminatory basis and shall be deemed approved if the Village fails to approve or deny the application within ninety (90) days after the submission of a completed application.
(2) However, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant shall 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.
(3) The permit shall be deemed approved on the latter of the ninetieth day after submission of the complete application or the tenth day after the receipt of the deemed approved notice by the Village. The receipt of the deemed approved notice shall not preclude the denial of the permit request within the time limits as provided under this Chapter.
c. (1) 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 after the submission of a completed application.
(2) However, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant shall 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.
(3) The permit shall be deemed approved on the latter of the one hundred twentieth day after submission of the complete application or the tenth 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) If the Village determines that applicable codes, ordinances, or regulations that concern public safety, or the collocation requirements and conditions stated in section 7-6-4 of this Chapter require that the utility pole or wireless support structure be replaced before the requested collocation, approval shall be conditioned on the replacement of the utility pole or wireless support structure at the cost of the provider.
(3) The Village shall document the basis for a denial, including the specific code provisions or application conditions on which the denial is based, and send the documentation to the applicant on or before the day the Village denies an application.
(4) 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. Failure to resubmit the revised application within thirty (30) days of denial shall require the application to submit a new application with applicable fees, and recommencement of the Village's review period. 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 revised application.
(5) Any review of a revised application shall be limited to the deficiencies cited in the denial. However, this revised application 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.
e. Pole Attachment Agreement: Within thirty (30) days after an approved permit to collocate a small wireless facility on a municipal utility pole, the Village and the applicant shall enter into a master pole attachment agreement provided by the Village for the initial collocation on a municipal utility pole by the applicant. For subsequent approved permits to collocate on a small wireless facility on a municipal utility pole, the Village and the applicant shall enter into a license supplement of the master pole attachment agreement.
3. Completeness Of Application:
a. Within thirty (30) days after receiving an application, the Village shall 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 all documents, information and fees specifically enumerated in the Village's permit application form are submitted by the applicant to the Village.
b. Processing deadlines are tolled from the time the Village sends the notice of incompleteness to the time the applicant provides the missing information.
4. Tolling: The time period for applications may be further tolled by:
a. An express written agreement by both the applicant and the Village; or
b. A local, state, or federal disaster declaration, or similar emergency that causes the delay.
5. Consolidated Applications:
a. An applicant seeking to collocate small wireless facilities within the jurisdiction of the Village shall be allowed, at the applicant's discretion, 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.
b. 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.
6. Duration Of Permits:
a. The duration of a permit shall be for a period of not less than 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 Village codes or any provision, condition or requirement contained in this Chapter.
b. If the Small Wireless Facilities Deployment Act is repealed as provided in section 90 therein, renewals of permits shall be subject to the applicable Village Code provisions or regulations in effect at the time of renewal.
7. Means Of Submitting Applications: Applicants shall submit applications, supporting information and notices to the Village by personal delivery at the Village's designated place of business, or by regular mail postmarked on the date due or by any other commonly used means, including electronic mail.
C. Notice: Within three (3) business days of submission of an application containing all information required by this Chapter and any associated regulations, an applicant, at its sole cost and expense, shall provide written notice, by first class United States mail, to the owners and occupants of all real property at the addresses on file with the United States Postal Office, and the residential manager for any multi-family dwelling unit that includes ten (10) or more units at the manager's business mailing address, any part of which is located within a two hundred and fifty foot (250') radius of the location of the applicant's proposed small wireless facility. Such notice shall be in a form provided by the Village, as may be revised from time to time, and shall be clearly marked as a notification of proposed small wireless facility installation, identify the applicant and wireless provider(s) who will utilize the facility, and include a plain language description of the proposed facility, photo simulations or illustrations depicting the proposed wireless facility, and the address where comments may be sent to the wireless provider and Village Administrator within fifteen (15) calendar days of the date of the notice. The applicant shall supplement its application with proof of mailing of required notices no less than two calendar (2) days after mailing of the notices. (Ord. 0-2018-1186, 7-12-2018; amd. Ord. 2020-1226, 3-11-2020)