CHAPTER 17
SMALL CELL ANTENNAS

SECTION:

11-17-1: Purpose And Intent

11-17-2: Sound Engineering Judgment

11-17-3: Permit Required; Application And Fees

11-17-4: Action Of Permit Applications

11-17-5: Effect Of Permit

11-17-6: Revised Permit Drawings

11-17-7: Insurance And Registration

11-17-8: Permit Suspension And Revocation

11-17-9: Change Of Ownership Or Owner's Identity Or Legal Status

11-17-10: Requests For A Variation

11-17-11: Penalties

11-17-12: Enforcement

11-17-1: PURPOSE AND INTENT:

   A.   Purpose: The purpose of this chapter is to establish policies and procedures for the permitting, installation, and maintenance of small cell antennas on private property within the village's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the village as a whole.

   B.   Intent: In enacting this chapter, the village intends to exercise its zoning authority over the installation and maintenance of small cell antennas and facilities, by establishing uniform standards to address issues presented by said antennas and facilities, including, without limitation:

      1.   Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

      2.   Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

      3.   Prevent interference with the facilities and operations of the village's utilities and utilities lawfully located in rights of way or public property;

      4.   Protect against environmental damage, including damage to trees, from the installation of small cell antennas;

      5.   Preserve the character of the neighborhood and/or zoning district in which the small cell antennas are installed;

      6.   Preserve open space, particularly in the tree lined parkways that characterize the village's residential neighborhoods;

      7.   Prevent visual blight from the proliferation of small cell antennas;

      8.   Assure the continued safe use and enjoyment of properties adjacent to small cell antenna locations.

   C.   Conflicts With State And Federal Laws: In the event that application of federal or state laws or regulations conflict with the requirements of this chapter, the small cell antenna and/or small cell facilities shall comply with the requirements of this chapter to the maximum extent possible without violating federal or state laws or regulations. (Ord. 2016-07-05A, 7-5-2016)

11-17-2: SOUND ENGINEERING JUDGMENT:

The village shall use sound engineering judgment when administering this chapter and may vary the standards, conditions, and requirements expressed in this chapter when the village so determines. Nothing herein shall be construed to limit the ability of the village to regulate for the protection of the public health, safety, and welfare. (Ord. 2016-07-05A, 7-5-2016)

11-17-3: PERMIT REQUIRED; APPLICATION AND FEES:

   A.   Permit Required: No person shall construct, allow to be constructed, install, or allow to be installed, any small cell antenna and/or small cell antenna facility without first filing an application with the director of public works and obtaining a permit from the village thereof, except as otherwise provided in this chapter. Each permit request shall be accompanied by an application fee in the amount of two hundred fifty dollars ($250.00).

   B.   Permit Application: All permit applications filed pursuant to this chapter shall be filed on a form provided by the village and in such number of duplicate copies as the village may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly.

   C.   Minimum General Application Requirements: The application shall be made by the private property owner or duly authorized representative, and shall contain, at a minimum, the following information:

      1.   The name, address, e-mail address, telephone, and telecopy numbers of the private property owner;

      2.   The wireless carrier and/or infrastructure provider's name and address and telephone and telecopy numbers;

      3.   The names, addresses, and telephone and telecopy numbers and e-mail addresses of all professional consultants, if any, advising the applicant with respect to the application;

      4.   A general description of the proposed work and the purpose and intent of the small cell site. The scope and detail of such description shall contain a detailed accounting of the carrier's existing facilities within the village, including maps of the same;

      5.   Depiction of proposed small cell site, including the property address, specified location and photographs of the small cell site, poles, and structures, and the immediate surroundings located therein;

      6.   Long range plan of wireless carrier and/or wireless infrastructure provider, including an estimation of total number of small cell antennas that carrier anticipates requesting:

         a.   Anticipated installation schedule for the application;

         b.   Any request for a variance from one or more provisions of this chapter (see section 11-13-10 of this title); and

         c.   Such additional information as may be reasonably required by the village.

   D.   Applicant's Duty To Update Information: Throughout the entire permit application review period and the installation period authorized by permit, any amendments to information contained in a permit application shall be submitted by the permit applicant in writing to the village within thirty (30) days after the change necessitating the amendment. (Ord. 2016-07-05A, 7-5-2016)