918.18  PENALTIES; EQUITABLE REMEDIES.
   (a)   Any person or entity found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this Chapter shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense.  A separate and distinct offense shall be deemed committed each day during or on which a violation occurs or continues.
   (b)   Nothing in this Chapter shall be construed as limiting any judicial remedies that the Village may have, at law or in equity, for enforcement of this Chapter.
(Ord.  2019-03.  Passed 2-19-19.)
   
Appendix A: SMALL CELL DESIGN GUIDELINES
   The purpose of these Design Guidelines is to:
   (1)   Protect the health, safety, and welfare of the citizens of the Village;
   (2)   Preserve the character of the Village's neighborhoods and historic districts;
   (3)   Give guidance to wireless telecommunications providers to assist such companies in the timely, efficient, safe, and aesthetically pleasing installation of Facilities; and
   (4)   Comply with, and not conflict with or preempt, all applicable state and federal laws.
GENERAL STANDARDS
(a)   Facilities shall not be installed unless the Facilities are compliant with these Design Guidelines, Chapter 918  of the Codified Ordinances and any Application requirements, and all applicable local, state, and federal laws.
(b)   A Facilities Operator shall not construct, maintain, modify, operate, or replace any Facilities not clearly depicted in an Application for a Small Cell Use Permit.
(c)   All work shall be performed in a professional manner consistent with the highest standards of workmanship.
(d)   Facilities shall be maintained in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.
(e)   Facilities shall not be installed in any location that causes any interference with the Village's public safety radio system, traffic and emergency signal light system, or other Village safety communications systems or system components.
(f)   The Village may propose an alternative location for proposed Facilities up to one hundred (100) feet from the proposed location or within a distance that is equivalent to the width of the Public Way, whichever is greater. The Facilities Operator shall utilize the alternative location unless the Facilities Operator shows that the alternative location is not technically feasible.
(g)   Facilities shall not interfere with existing or planned street trees.
(h)   Signage shall be mounted on all new Facilities providing the Facilities Operator's name, an emergency contact phone number, an informational contact number, and all other information required by law. Unless otherwise prohibited by law, signage shall be discreet in color and shall match the Facilities and surrounding area and font size used on the sign shall be no smaller than nine (9) point font and no larger than fourteen (14) point font.
(i)   Unless otherwise required by law, all manufacturer stickers and decals shall be removed from Facilities.
(j)   Facilities shall be camouflaged using existing land forms, vegetation, and structures to screen the Facilities from view and to blend in with the surrounding built and natural environment.
(k)   The Village may require the Facilities Operator to incorporate additional concealment elements before approving an Application. Concealment elements may include, but shall not be limited to, fencing, public art, strategic placement, and placement within existing or replacement street furniture.
(l)   Facilities shall not have any flashing lights, sirens or regular noise other than a cooling fan that may run intermittently.
(m)   All hardware, including antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and other equipment mounted shall be painted in a color designated by the Village, and the color shall match the Facilities. The Village may require the Facilities Operator use a different, non-matching color on a case-by-case basis when the Village determines a non-matching color would better fulfil the purposes of these Design Guidelines.
(n)   A Facilities Operator shall remove or paint over any graffiti on the Facilities at Facility Operator's sole expense as soon as practicable, but no later than ten (10) days from the date the Facilities Operator receives notice of the graffiti.
SPECIFICATIONS FOR COLLOCATION
(a)   Small Cell Equipment shall not interfere with the primary purpose of a Wireless Support Structure.
(b)   Small Cell Equipment to be attached to a Wireless Support Structure shall be attached at least six (6) feet above ground level. If Small Cell Equipment is projecting toward the street then the Small Cell Equipment shall be installed no less than sixteen (16) feet above ground level.
ANTENNAS
(a)   Antennas and Accessory Equipment must be capable of fitting within an enclosure not larger than six (6) cubic feet in volume.
(b)   Antennas and Accessory Equipment shall not increase the overall height of an existing Wireless Support Structure by more than five (5) feet.
(c)   Antennas mounted on a Wireless Support Structure shall be enclosed inside the Wireless Support Structure whenever possible and otherwise within a canister or other shroud. All Accessory Equipment associated with the antenna shall be concealed and shall not visibly protrude from the shroud or canister.
(d)   The width of the canister or other shroud encasing the antenna and Accessory Equipment shall not exceed the width of the narrowest portion of the Wireless Support Structure.
(e)   The enclosure or shroud shall be painted to match or compliment the Wireless Support Structure.
(f)   Antennas shall be installed in a manner that minimizes the visual impact to the general public.
(g)   Antennas shall not impair light or views from adjacent window(s).
(h)   Antennas located on the exterior of a Wireless Support Structure shall be top-mounted on a Wireless Support Structure. The Village may approve a side-mounted antenna if, in the Village's discretion, the side-mounted antenna would be more appropriate given the built environment, neighborhood character, overall site appearance or would otherwise promote the purposes in these Design Guidelines.
WIRELESS SUPPORT STRUCTURE-MOUNTED EQUIPMENT
(a)   All Wireless Support Structure-mounted Small Cell Equipment other than the antenna(s) and electric meter must be concealed within an equipment cabinet.
(b)   Equipment cabinets shall be mounted flush to the Wireless Support Structure.
(c)   Equipment cabinets shall be stacked together on the same side of the Wireless Support Structure and oriented away from any windows and doorways to minimize visual impacts thereupon.
(d)   The equipment cabinets must be non-reflective and painted, wrapped or otherwise colored to match the Wireless Support Structure.
GROUND-MOUNTED SMALL CELL EQUIPMENT
(a)   The Village shall not approve the proposed location of ground-mounted Small Cell Equipment unless the Applicant (1) proposes the ground-mounted equipment in connection with a Collocation, and (2) shows that the equipment cannot be feasibly placed on the Wireless Support Structure or in an underground vault.
(b)   If technically feasible, Small Cell Equipment should be located in a vault buried underground rather than being ground-mounted. If underground placement is not technically feasible, ground-mounted Small Cell Equipment shall be contained in a shroud or cabinet.
(c)   All ground-mounted Small Cell Equipment shall be installed in a manner that minimizes the visual and ingress/egress impact to the general public.
(d)   Ground-mounted Small Cell Equipment shall be placed as far as practicable from pedestrian sidewalks and shall neither block nor be placed within the sidewalk in any way.
CABLES
(a)   All cables, conduit and wiring shall be located inside conduit and inside the Wireless Support Structure or an equipment cabinet.
(b)   Excess cables and wiring shall not be spooled, coiled or otherwise stored on the exterior of the Wireless Support Structure unless within an enclosure. Cables shall not be externally visible.
ELECTRICAL METERS
(a)   Facilities Operators shall use flat-rate electric service when available in order to eliminate the need for a meter.
(b)   If a meter is required, then Facilities Operators shall use the smallest and least intrusive electric meter available. Whenever permitted by the electric service provider, the electric meter shall be painted to match the Wireless Support Structure.
UTILITY LINES
(a)   Service lines shall be underground to avoid additional overhead lines. The underground cables and wires must transition directly into the Wireless Support Structure base without any external junction box.
SPECIFICATIONS FOR REPLACEMENT OF WIRELESS SUPPORT STRUCTURES
(a)   A Facilities Operator shall be required to replace an existing Wireless Support Structure in the following circumstances:
      (1)   The Wireless Support Structure upon which the Applicant has proposed to Collocate Small Cell Equipment is deemed incapable of bearing the added weight of the Small Cell Equipment; or
      (2)   An existing Wireless Support Structure is located within 100 feet of the proposed site of a new Wireless Support Structure but the existing Wireless Support Structure is incapable of bearing the additional weight of the Small Cell Equipment.
(b)   Designs for replacement of Wireless Support Structures shall be as architecturally similar as possible to the existing Wireless Support Structure to be replaced unless otherwise approved by the Village.
      (1)   All luminaire mast arms shall be the same length, arch, and style as the original luminaire arm, unless otherwise specified by the Village.
      (2)   The Village may require the Facilities Operator to install a new metal Wireless Support Structure rather than a new wood support structure.
(c)   Except in the  NB-1,GB-1, R1-1, R1-2, R1-3, R1-4, R1-5 and R2-1 zoning districts, the overall height of a replacement Wireless Support Structure, including proposed Collocated antenna, shall not be more than forty (40) feet in height above ground level. The overall height of a replacement Wireless Support Structure, including proposed Collocated antenna, shall not be more than thirty-five (35) feet in height above ground level in  NB-1,GB-1, R1-1, R1-2, R1-3, R1-4, R1-5 and R2-1 zoning district so long as there is no Wireless Support Structure or utility pole taller than thirty feet located within  three-hundred (300) feet of the location of the proposed replacement Wireless Support Structure.
(d)   All existing signs, traffic signals, emergency signal detection units, video detection cameras, video cameras, crosswalk service buttons, crosswalk signals, and any other pedestrian or traffic devices shall be reinstalled or replaced with new units by the Facilities Operator at no cost to the Village.
(e)   The concrete Wireless Support Structure foundation for the original Wireless Support Structure shall be removed either partially or completely by the Facilities Operator as instructed by the Village.
      (1)   If partially removed, the original Wireless Support Structure foundation shall be taken back to a level that is twelve (12) inches below the existing grade and covered with four (4) inches of one-half (½) inch to three-quarter (¾) inch compose of rock material. The remaining eight (8) shall be native soil.
      (2)   If the entire original Wireless Support Structure foundation must be removed, then all foundation materials (concrete, rebar, metals, bolts, etc.) shall be removed. The type of backfill material and compaction required is: (a) one-half (½) sack slurry for the entire depth in paved areas, and (b) one-half (1/2) sack slurry for the entire depth except the top twelve (12) inches will be native soil in landscaped areas.
SPECIFICATIONS FOR NEW WIRELESS SUPPORT STRUCTURES
(a)   New Wireless Support Structures shall be designed and constructed to accommodate Small Cell Equipment from at least two (2) wireless service providers on the same Wireless Support Structure.
(b)   New Wireless Support Structures shall maintain a distance of three hundred (300) feet from existing monopoles, or utility poles.
(c)   In residential districts, new Wireless Support Structures shall be located at the shared property line between two residential parcels where the parcels intersect the Right-of-Way.
(d)   In non-residential districts, new Wireless Support Structures shall be located between tenant spaces, storefront bays, or adjoining properties at the shared property lines where the parcels intersect the Right-of-Way.
(e)   New Wireless Support Structures shall not interfere with any metered parking space.
(f)   A new Wireless Support Structure shall not be located in front of a building entrance or exit.
(g)   Except in the  NB-1, GB-1, R1-1, R1-2, R1-3, R1-4, R1-5 and R2-1 zoning district, the overall height of a new Wireless Support Structure, including proposed Collocated antenna, shall not be more than forty (40) feet in height above ground level. The overall height of a new Wireless Support Structure, including proposed Collocated antenna, shall not be more than thirty-five (35) feet in height above ground level in the NB-1, GB-1, R1-1, R1-2, R1-3, R1-4, R1-5 and R2-1 zoning district so long as there is no Wireless Support Structure or utility pole taller than thirty feet located within three-hundred (300) feet of the location of the proposed new Wireless Support Structure.
(h)   The Village may require the Facilities Operator to install a metal Wireless Support Structure rather than a wood Wireless Support Structure. Wireless Support Structures shall be compatible with the surrounding utility poles of the area; metal or wood.
HISTORIC DISTRICT REGULATIONS
   Except antennas, all Small Cell Equipment to be located in the Right-of-Way in the Historic Preservation Districts shall be located in an underground vault or shall be subject to such reasonable, technologically feasible, and non-discriminatory design or concealment measures as the Village may specify, as long as such measures do not have the effect of prohibiting the Facilities Operator's provision of service. Such measures are not considered part of the small cell facility for purposes of facility size restrictions in this Chapter.. A waiver submitted pursuant to Underground Area Regulations (d) will be considered if it is shown to be technologically infeasible.
UNDERGROUND AREA REGULATIONS
(a)   Subject to subsection (b), a Facilities Operator shall locate its Facilities underground in an Underground Area.
(b)   A Facilities Operator may replace an existing Wireless Support Structure or Collocate Small Cell Facilities on an Existing Wireless Support Structure even if the Wireless Support Structure is located in an Underground Area.
(c)   A Facilities Operator shall not install a new Wireless Support Structure in an Underground Area.
(d)   An Operator may apply to the Village Manager for a waiver of the underground placement requirement if the Operator is unable to achieve its service objective under the following circumstances:
      (1)   From a location in the public Right-of-Way where the prohibition does not apply;
      (2)   From a utility easement the service provider has the right to access; and
      (3)   From other suitable locations or structures made available by the Village at reasonable rates, fees and terms.
(e)   Submission of a waiver pursuant to subsection (d) is subject to the Facilities Operator's agreement to toll the timeframes set forth in Section 918.08(a) of the Codified Ordinances by fourteen (14) days.
   (Ord.  2019-03.  Passed 2-19-19.)