(A) Application deadlines for small wireless facilities.
(1) Applications are deemed complete if the village does not notify the applicant otherwise within 30 days of receipt of the application.
(2) If the application to collocate a small wireless facility is to be placed on an existing utility pole, the village will notify the applicant of its approval or denial within 90 days. If the village fails to notify the applicant within that timeframe, the application will be deemed approved. If the application to collocate a small wireless facility requires the installation of a new utility pole, the village will notify the applicant of its approval or denial within 120 days. If the village fails to notify the applicant within that timeframe, the application will be deemed approved.
(B) Village review of permit applications.
(1) Completed permit applications, containing all required documentation, shall be examined by the Director of Public Works on a nondiscriminatory basis. If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, or regulations that concern public safety, the Director of Public Works shall notify the applicant of the basis for a denial, including specific code provisions upon which the denial was based. The applicant may cure the deficiencies and resubmit a revised application without paying additional application fees.
(2) When reviewing applications for small wireless facilities, the village will approve or deny the revised application within 30 days after the applicant resubmits the application or it will be deemed approved. If the Director of Public Works is satisfied that the proposed work conforms to the requirements of this chapter and applicable ordinances, codes, laws, rules, and regulations, the Director of Public Works shall issue a permit. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the Director of Public Works, that the construction proposed under the application shall be in full compliance with the requirements of this chapter.
(C) Additional village review of applications of telecommunications retailers.
(1) Pursuant to section 4 of the Telephone Company Act, ILCS Ch. 220, Act 65, § 4, a telecommunications retailer shall notify the village that it intends to commence work governed by this chapter for facilities for the provision of telecommunications services. This notice shall consist of plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the village not less than ten days prior to the commencement of work requiring no excavation and not less than 30 days prior to the commencement of work requiring excavation. The Director of Public Works shall specify the portion of the right-of-way upon which the facility may be placed, used and constructed.
(2) In the event that the Director of Public Works fails to provide such specification of location to the telecommunications retailer within either (i) ten days after service of notice to the village by the telecommunications retailer in the case of work not involving excavation for new construction or (ii) 25 days after service of notice by the telecommunications retailer in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this chapter.
(3) Upon the provision of such specification by the village, where a permit is required for work pursuant to § 53.10, the telecommunications retailer shall submit to the village an application for a permit and any and all plans, specifications and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of division (A) of this section.
(D) Additional village review of applications of holders of state authorization under the Cable and Video Competition Law of 2007. Applications by a utility that is a holder of a state-issued authorization under the Cable and Video Competition Law of 2007 (ILCS Ch. 220, Act 5, § 21-401) shall be deemed granted 45 days after submission to the village, unless otherwise acted upon by the village, provided the holder has complied with applicable village codes, ordinances, rules and regulations.
(Ord. 2014-23, passed 6-16-14; Am. Ord. 2018-46, passed 9-17-18)