4-6-3: SMALL WIRELESS FACILITY CONSTRUCTION IN RIGHTS-OF-WAY:
   (A)   Purposes And Scope:
      1.   Purposes: The purposes of this section are to:
         (a)   Establish regulations, standards, and procedures for the siting and collocation of small wireless facilities on rights-of- way within the Village's jurisdiction, or outside the rights-of- way on property zoned by the Village exclusively for commercial or industrial use, in a manner that is consistent with the Small Wireless Facilities Deployment Act 1 while minimizing the visual impacts associated with small wireless facilities; and
         (b)   Encourage creative approaches in locating and designing small wireless facilities that blend in with the surroundings of such facilities.
      2.   Goals: The goals of this section are to:
         (a)   Encourage the collocation of small wireless facilities while minimizing the total number of wireless support structures throughout the Village;
         (b)   Encourage the joint-use of new and existing wireless support structures;
         (c)   Encourage small wireless providers to locate small wireless facilities, to the extent feasible, at locations where the adverse visual impact on the neighborhoods of the Village is significantly minimized;
         (d)   Encourage small wireless providers to configure small wireless facilities in ways that minimize the adverse visual impact of the wireless support structures; and
         (e)   Enhance the ability of the small wireless service provider to provide such services to the community quickly, effectively, and efficiently.
      3.   Interpretation: The provisions of this section shall be interpreted and applied in order to comply with the provisions of the Small Wireless Facilities Deployment Act, 50 Illinois Compiled Statutes 835/1, et seq.
      4.   Conflicts With Other Ordinances: This section supersedes all ordinances or parts of ordinances adopted prior hereto, that are in conflict herewith, to the extent of such conflict.
      5.   Conflicts With State And Federal Laws: In the event that applicable Federal or State laws or regulations conflict with the requirements of this section, the wireless provider shall comply with the requirements of this section to the maximum extent possible without violating Federal and State laws or regulations.
   (B)   Definitions: For the purposes of this section, the following terms shall have the following meanings:
   ANTENNA: Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
   APPLICABLE CODES: Building, Fire, Electrical, Plumbing, or Mechanical Codes adopted by a recognized national code organization or local amendments to those codes, including the National Electric Safety Code.
   APPLICANT: Any person who submits an application and is a wireless provider.
   APPLICATION: A request submitted by an applicant to the Village for a permit to collocate small wireless facilities, and a request that includes the installation of a new utility pole for such collocation, as well as any applicable fee for the review of such application.
   COLLOCATE OR COLLOCATION: To install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole.
   COMMUNICATIONS SERVICE: Cable service, as defined in 47 USC 522(6), as amended; information service, as defined in 47 USC 153(24), as amended; telecommunications service, as defined in 47 USC 153(53), as amended; mobile service, as defined in 47 USC 153(53), as amended; or wireless service other than mobile service.
   COMMUNICATIONS SERVICE PROVIDER: A cable operator, as defined in 47 USC 522(5), as amended; a provider of information service, as defined in 47 USC 153(24), as amended; a telecommunications carrier, as defined in 47 USC 153(51), as amended; or a wireless provider.
   FCC: The Federal Communications Commission of the United States.
   FEE: A one-time charge.
   HISTORIC DISTRICT OR HISTORIC LANDMARK: A building, property, or site, or group of buildings, properties, or sites that are either: 1) listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the Federal agency to list properties and determine their eligibility for the National Register, in accordance with section VI.D.1.a.i through section VI.D.1.a.v of the Nationwide Programmatic Agreement codified at 47 CFR part 1, appendix C; or 2) designated as a locally landmarked building, property, site, or historic district by an ordinance adopted by the Village pursuant to a preservation program that meets the requirements of the Certified Local Government Program of the Illinois State Historic Preservation Office or where such certification of the preservation program by the Illinois State Historic Preservation Office is pending.
   LAW: A Federal or State Statute, common law, code, rule, regulation, order, or local ordinance or resolution.
   MICRO WIRELESS FACILITY: A small wireless facility that is no larger in dimension than twenty four inches (24") in length, fifteen inches (15") in width, and twelve inches (12") in height, and that has an exterior antenna, if any, no longer than eleven inches (11").
   MUNICIPAL UTILITY POLE: A utility pole owned or operated by the Village in public rights-of-way.
   PERMIT: A written authorization required by the Village to perform an action or initiate, continue, or complete a project.
   PERSON: An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization.
   PUBLIC SAFETY AGENCY: The functional division of the Federal government, the State, a unit of local government, or a special purpose district located in whole or in part within this State, that provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services to respond to and manage emergency incidents.
   RATE: A recurring charge.
   RIGHT-OF-WAY: The area on, below, or above a public roadway, highway, street, public sidewalk, alley, or utility easement dedicated for compatible use. Right-of-way does not include Village-owned aerial lines.
   SMALL WIRELESS FACILITY: A wireless facility that meets both of the following qualifications: 1) each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet; and 2) all other wireless equipment attached directly to a utility pole associated with the facility is cumulatively no more than twenty five (25) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.
   UTILITY POLE (OR POLE): A pole or similar structure that is used in whole or in part by a communications service provider, and for electric distribution, lighting, traffic control, or a similar function.
   WIRELESS FACILITY: Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: 1) equipment associated with wireless communications; and 2) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. Wireless facility includes small wireless facilities. Wireless facility does not include: 1) the structure or improvements on, under, or within which the equipment is collocated; or 2) wireline backhaul facilities, coaxial or fiber optic cable that is between wireless support structures or utility poles or coaxial, or fiber optic cable that is otherwise not immediately adjacent to or directly associated with an antenna.
   WIRELESS INFRASTRUCTURE PROVIDER: Any person authorized to provide telecommunications service in the State that builds or installs wireless communication transmission equipment, wireless facilities, wireless support structures, or utility poles and that is not a wireless services provider but is acting as an agent or a contractor for a wireless services provider for the application submitted to the Village.
   WIRELESS PROVIDER: A wireless infrastructure provider or a wireless services provider.
   WIRELESS SERVICES: Any services provided to the general public, including a particular class of customers, and made available on a nondiscriminatory basis using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided using wireless facilities.
   WIRELESS SERVICES PROVIDER: A person who provides wireless services.
   WIRELESS SUPPORT STRUCTURE: A freestanding structure, such as a monopole; tower, either guyed or self-supporting; billboard; or other existing or proposed structure designed to support or capable of supporting wireless facilities. Wireless support structure does not include a utility pole.
   (C)   Regulation Of Small Wireless Facilities:
      1.   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 section as specified herein, and not subject to zoning review or approval if they are collocated: a) in rights-of-way in any zoning district, or b) outside rights-of-way in property zoned exclusively for commercial or industrial use.
      2.   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 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:
         (a)   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:
            (1)   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;
            (2)   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;
            (3)   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;
            (4)   The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility;
            (5)   A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved;
            (6)   Certification that the collocation complies with the collocation requirements and conditions stated in subsection (D) of this section, to the best of the applicant's knowledge;
            (7)   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;
            (8)   In the event that the proposed small wireless facility is to be attached to an existing pole owned by the Village, the wireless provider shall be required to enter into a pole usage agreement pursuant to subsection (D) of this section;
            (9)   Specific designation of any proposed small wireless facility as an "eligible facility request", as that term is defined in the Federal Telecommunications Act, 42 USC section 1455; and
            (10)   All other documentation and materials identified in section 4-6-2, "Placement Of Facilities Within Public Ways", of this chapter.
         (b)   Application Process: The Village shall process applications as follows:
            (1)   Application Prioritization: The first completed application shall have priority over applications received by different applicants for collocation on the same utility pole or wireless support structure.
            (2)   Collocating On An Existing Pole: 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.
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.
The permit shall be deemed approved on the latter of the 90th day after submission of the complete application or the 10th 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 section.
            (3)   Collocating On A New Pole: 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.
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.
The permit shall be deemed approved on the latter of the 120th day after submission of the complete application or the 10th 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 section.
            (4)   Denial Of Application: The Village shall deny an application which does not meet the requirements of this section, including but not limited to subsections (D) and (M) of this section.
            If the Village determines that applicable codes, ordinances, or regulations that concern public safety, or the collocation requirements and conditions stated in subsection (D) of this section 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.
            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.
            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 applicant 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.
            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.
            (5)   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.
            (6)   Completeness Of Application: 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.
            Processing deadlines are tolled from the time the Village sends the notice of incompleteness to the time the applicant provides the missing information.
            (7)   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.
            (8)   Consolidated Applications: 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.
            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.
            (9)   Duration Of Permits: 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 ordinances or any provision, condition or requirement contained in this section.
            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.
            (10)   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.
   (D)   Collocation Requirements And Conditions:
      1.   Public Safety Space Reservation: The Village may reserve space on Municipal utility poles for future public safety uses, but a reservation of space may not preclude the collocation of a small wireless facility unless the Village reasonably determines that the Municipal utility pole cannot accommodate both uses.
      2.   Installation And Maintenance: The wireless provider shall install, maintain, repair, and modify its small wireless facilities in safe condition, and good repair and compliance with the requirements and conditions of this section. The wireless provider shall ensure that its employees, agents or contractors that perform work in connection with its small wireless facilities are adequately trained and skilled in accordance with all applicable industry and governmental standards and regulations. The wireless provider shall maintain each small wireless facility or small wireless support structure under their control to the standards imposed by the Village under this section at the time of the granting of its permit. Such maintenance shall include, but shall not be limited to, maintenance of the paint, structural integrity, and landscaping. If the small wireless provider fails to maintain the small wireless facility or small wireless support structure, the Village may undertake the maintenance at the expense of the small wireless provider, or terminate the provider's permit at the Village's sole option.
      3.   No Interference With Public Safety Communication Frequencies: 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.
      4.   Unacceptable Interference: A 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.
         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.
         If a small wireless facility causes such interference, 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 remedy the interference 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.
         The Village may terminate a permit for a small wireless facility based on such interference if the wireless provider is not in compliance with the Code of Federal Regulations cited in the previous paragraph. Failure to remedy the interference as required herein shall constitute a public nuisance.
      5.   Certain Pole Prohibited: The wireless provider shall not collocate small wireless facilities on Village owned 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.
         However, the antenna and support equipment of the small wireless facility may be located in the communications space on the Village owned utility pole and on the top of the pole, if not otherwise unavailable, if the wireless provider complies with applicable codes for work involving the top of the pole.
         For purposes of this subparagraph, 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 as published by the Institute of Electrical and Electronics Engineers.
      6.   Complying With Applicable Codes: The wireless provider shall comply with all applicable codes and local code provisions, or regulations that concern public safety.
      7.   Complying With Stealth, Concealment And Aesthetic Standards: The wireless provider shall comply with generally applicable written stealth, concealment, and aesthetic standards that are set forth in a subsection (M)3 of this section.
      8.   Alternate Placements: Except as provided in this section, a wireless provider shall not be required to collocate small wireless facilities on any specific utility pole, or category of utility poles, or be required to collocate multiple antenna systems on a single utility pole. However, with respect to an application for the collocation of a small wireless facility associated with 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 feet (100') of the proposed collocation, which the applicant shall accept if it 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.
         If the applicant refuses a collocation proposed by the Village, the applicant shall provide written certification describing the property rights, technical limits, or material cost reasons the alternate location does not satisfy the criteria in this paragraph.
      9.   Height Limitations: The maximum height of a small wireless facility shall be no more than ten feet (10') above the utility pole or wireless support structure on which the small wireless facility is collocated.
         New or replacement utility poles or wireless support structures on which small wireless facilities are collocated may not exceed the higher of:
         (a)   Ten feet (10') in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on the date the application is submitted to the Village, that is located within three hundred feet (300') of the new or replacement utility pole or wireless support structure and that is in the same right-of-way within the jurisdictional boundary of the Village, provided the Village may designate which intersecting right-of-way within three hundred feet (300') of the proposed utility pole or wireless support structures shall control the height limitation for such facility; or
         (b)   Forty five feet (45') above ground level.
      10.   Height Exceptions: If an applicant proposes a height for a new or replacement pole in excess of the above height limitations on which the small wireless facility is proposed for collocation, the applicant shall apply for a variation in conformance with procedures, terms and conditions set forth in section 9-14-4, "Variations", of this Code.
      11.   Contractual Design Requirements: The wireless provider shall comply with requirements that are imposed by 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.
      12.   Ground-Mounted Equipment Spacing: The wireless provider shall comply with subsection 4-6-2(H)5, "Location Requirements", of this chapter concerning the location of ground-mounted equipment located in the right-of-way. If an applicant proposes a facility to be located in the public right-of-way which would not comply the requirements of subsection 4-6-2(H)5 of this chapter, the applicant shall apply for a variation in conformance with procedures, terms and conditions set forth in section 9-14-4, "Variations", of this Code.
      13.   Undergrounding Regulations: The wireless provider shall comply with subsection 4-6-2(H)5, "Location Requirements", of this chapter concerning the location of facilities in the right- of-way and prohibiting certain above-ground facilities. If an applicant proposes an above-ground facility to be located in the public right-of-way which would not comply the requirements of subsection 4-6-2(H)5 of this chapter, the applicant shall apply for a variation in conformance with procedures, terms, and conditions set forth in section 9-14-4, "Variations", of this Code.
      14.   Collocation Completion Deadline: Collocation for which a permit is granted shall be completed within one hundred eighty (180) days after issuance of the permit, unless the Village and the wireless provider agree to extend this period or a delay is caused by make-ready work for a Municipal utility pole or by the lack of commercial power or backhaul availability at the site, provided the wireless provider has made a timely request within sixty (60) days after the issuance of the permit for commercial power or backhaul services, and the additional time to complete installation does not exceed three hundred sixty (360) days after issuance of the permit. Otherwise, the permit shall be void unless the Village grants an extension in writing to the applicant.
      15.   Cooperation With Other Small Wireless Service Providers: As a condition of any permit for installation of a new pole, small wireless support structure, or other above-ground facility granted pursuant to this section, permittees shall be required to cooperate with other small wireless providers in collocating additional small wireless facilities on poles and small wireless support structures owned by the permittee, provided that such proposed additional small wireless provider been issued permits for that location by the Village as described herein. All permittees shall exercise good faith in collocating other small wireless providers regarding sharing of the permitted site, provided that such shared use does not give rise to a substantial technical level of impairment of the ability to provide the permitted use (i.e., significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of sharing utility poles or small wireless infrastructure. In the event that a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the Village may require a third-party technical study at the expense of the applicant, the permittee, or both.
   (E)   Application Fees: Application fees are imposed as follows:
      1.   Applicant shall pay an application fee of six hundred fifty dollars ($650.00) for an application to collocate a single small wireless facility on an existing utility pole or wireless support structure, and three hundred fifty dollars ($350.00) for each small wireless facility addressed in a consolidated application to collocate more than one small wireless facility on existing utility poles or wireless support structures.
      2.   Applicant shall pay an application fee of one thousand dollars ($1,000.00) for each small wireless facility addressed in an application that includes the installation of a new utility pole for such collocation.
      3.   Notwithstanding any contrary provision of State law or local ordinance, applications pursuant to this section shall be accompanied by the required application fee. Application fees shall be non-refundable.
      4.   The Village shall not require an application, approval or permit, or require any fees or other charges from a communications service provider authorized to occupy the rights- of-way, for:
         (a)   Routine maintenance;
         (b)   The replacement of wireless facilities with wireless facilities that are substantially similar, the same size, or smaller if the wireless provider notifies the Village at least ten (10) days prior to the planned replacement and includes equipment specifications for the replacement of equipment consistent with subsection (C)2(a)(4) of this section; or
         (c)   The installation, placement, maintenance, operation or replacement of micro wireless facilities suspended on cables that are strung between existing utility poles in compliance with applicable Safety Codes.
      5.   Wireless providers shall secure a permit from the Village to work within rights-of-way for activities that affect traffic patterns or require lane closures.
   (F)   Exceptions To Applicability: Nothing in this section authorizes a person to collocate small wireless facilities on:
      1.   Property owned by a private party, property owned or controlled by the Village or another unit of local government that is not located within rights-of-way, or a privately owned utility pole or wireless support structure without the consent of the property owner;
      2.   Property owned, leased, or controlled by a park district, forest preserve district, or conservation district for public park, recreation or conservation purposes without the consent of the affected district, excluding the placement of facilities on rights-of-way located in an affected district that are under the jurisdiction and control of a different unit of local government, as provided by the Illinois Highway Code; or
      3.   Property owned by a rail carrier registered under section 18c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or any other public commuter rail service, or an electric utility as defined in section 16-102 of the Public Utilities Act, without the consent of the rail carrier, public commuter rail service, or electric utility. The provisions of this section do not apply to an electric or gas public utility or such utility's wireless facilities if the facilities are being used, developed and maintained consistent with the provisions of subsection (i) of section 16-108.5 of the Public Utilities Act.
         For the purposes of this subsection, "public utility" has the meaning given to that term in section 3-105 of the Public Utilities Act. Nothing in this section shall be construed to relieve any person from any requirement: 1) to obtain a franchise or a State-issued authorization to offer cable service or video service or 2) to obtain any required permission to install, place, maintain, or operate communications facilities other than small wireless facilities subject to this section.
   (G)   Pre-Existing Agreements: Existing agreements between the Village and wireless providers that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on Village utility poles, that are in effect on June 1, 2018, remain in effect for all small wireless facilities collocated on the Village's utility poles pursuant to applications submitted to the Village before June 1, 2018, subject to applicable termination provisions contained therein. Agreements entered into after June 1, 2018, shall comply with this section.
   (H)   Annual Recurring Rate: A wireless provider shall pay to the Village an annual recurring rate to collocate a small wireless facility on a Village utility pole located in a right-of-way that equals: 1) two hundred dollars ($200.00) per year or 2) the actual, direct, and reasonable costs related to the wireless provider's use of space on the Village utility pole. If the Village has not billed the wireless provider actual and direct costs, the fee shall be two hundred dollars ($200.00) payable on the first day after the first annual anniversary of the issuance of the permit or notice of intent to collocate, and on each annual anniversary date thereafter.
   (I)   Obsolescence, Abandonment, And Removal: Any small wireless facility that is no longer needed or is not operational shall be reported immediately by the small wireless provider to the Village Administrator. Any obsolete or nonoperational small wireless facilities shall be removed within ninety (90) days following notice to the Village. A small wireless facility that is not operated or removed for a continuous period of twelve (12) months shall be considered abandoned. The owner of the facility shall remove the small wireless facility within ninety (90) days after receipt of written notice from the Village notifying the wireless provider of the abandonment. The notice shall be sent by certified or registered mail, return receipt requested, by the Village to the owner at the last known address of the wireless provider. If the small wireless facility is not removed within ninety (90) days of such notice, the Village may remove or cause the removal of such facility pursuant to the terms of its pole attachment agreement for Municipal utility poles, or through whatever actions are provided for abatement of nuisances or by other law for removal and cost recovery. A wireless provider shall provide written notice to the Village if it sells or transfers small wireless facilities within the jurisdiction of the Village. Such notice shall include the name and contact information of the new wireless provider.
   (J)   Dispute Resolution: The Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois shall have exclusive jurisdiction to resolve all disputes arising under the Small Wireless Facilities Deployment Act. Pending resolution of a dispute concerning rates for collocation of small wireless facilities on Municipal utility poles within the right-of-way, the Village shall allow the collocating person to collocate on its poles at annual rates of no more than two hundred dollars ($200.00) per year per Municipal utility pole, with rates to be determined upon final resolution of the dispute.
   (K)   Indemnification: A wireless provider shall indemnify and hold the Village harmless against any and all liability or loss from personal injury or property damage resulting from or arising out of, in whole or in part, the use or occupancy of the Village improvements or right-of-way associated with such improvements by the wireless provider or its employees, agents, or contractors arising out of the rights and privileges granted under this section and the Small Wireless Facilities Deployment Act. A wireless provider has no obligation to indemnify or hold harmless against any liabilities and losses as may be due to or caused by the sole negligence of the Village or its employees or agents. A wireless provider shall further waive any claims that they may have against the Village with respect to consequential, incidental, or special damages, however caused, based on the theory of liability.
   (L)   Insurance: The wireless provider shall carry, at the wireless provider's own cost and expense, the following insurance:
      1.   Property insurance for its property's replacement cost against all risks;
      2.   Workers' compensation insurance, as required by law; and
      3.   Commercial general liability insurance with respect to its activities on the Village improvements or rights-of-way to afford minimum protection limits as set forth in subsection 4-6-2(G)18, "Insurance", of this chapter.
         The wireless provider shall include the Village as an additional insured on the commercial general liability policy and provide certification and documentation of inclusion of the Village in a commercial general liability policy prior to the collocation of any wireless facility.
   (M)   Stealth, Concealment, And Aesthetic Standards:
      1.   Purpose: The purposes of this section are to:
         (a)   Provide a variety of locations and options for wireless providers while minimizing the negative visual impacts associated with small wireless facilities;
         (b)   Encourage creative approaches in locating and designing small wireless facilities that blend in with the surroundings of such facilities;
         (c)   Provide standards that comply with the Telecommunications Act of 1996 ("the Telecommunications Act") and the Small Wireless Facilities Deployment Act 2 ; the provisions of this section are not intended, and shall not be interpreted, to prohibit or have the effect of prohibiting personal wireless services as defined in the Telecommunications Act; and
         (d)   Administer the provisions of this section in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless services, as defined in the Telecommunications Act.
      2.   Location And Development: Site location and development of small wireless facilities shall preserve the existing character of the surrounding buildings and landscape to the extent consistent with the function of the proposed small wireless facilities. All small wireless support infrastructure and poles shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved, and disturbance to the existing topography shall be minimized unless such disturbance would result in less adverse visual impact to the surrounding area. The following provisions establish design and concealment standards for small wireless facilities.
         (a)   Building Attachment: Small wireless facilities may be mounted to a building if the antennas do not interrupt the building's architectural theme. To the extent possible all small wireless facilities shall be concealed within a structure that is architecturally compatible with the existing rooftop. Rooftop additions shall be concealed on all sides.
            (1)   Small wireless facilities attached to the side or roof of buildings shall employ a symmetrical, balanced design for all facade mounted antennas. Subsequent deployments will be required to ensure consistent design, architectural treatment, and symmetry when placing antennas on the structure's exterior with any existing small wireless facilities on the same side of the structure.
            (2)   The interruption of architectural lines or horizontal or vertical reveals is prohibited unless demonstrated to be unavoidable.
            (3)   New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building.
            (4)   Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.
            (5)   Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed conduit, cabling, and wiring are prohibited.
            (6)   Small wireless facilities shall be painted and textured to match the adjacent building surfaces.
            (7)   All installations of small wireless facilities shall have permission from the pole/structure owner to install facilities on such structure.
         (b)   Signs:
            (1)   Small wireless facilities replicating a sign shall be subject to the requirements of title 9, chapter 11, "Signs", of this Code. A sign permit is required unless the small wireless facilities are placed entirely within an existing sign.
            (2)   All antennas shall be completely screened by the facade of the sign.
            (3)   All cables and conduit to and from the sign shall be routed from within the building wall or structure upon which the sign is mounted. Cable coverings may be allowed on the exterior of the building wall in limited circumstances in situations where they are minimally visible and concealed to match the adjacent building surfaces.
         (c)   Existing Or Replacement Utility Poles: An existing utility pole may be replaced or altered to accommodate small wireless facilities and related equipment subject to the following requirements:
            (1)   Conforming To Design Standard: Replacement utility poles shall conform to any design standard for the surrounding zoning district, subdivision, or planned development, including, but not limited to, historic districts as defined herein and planned developments as described in title 9, chapter 13, "Planned Unit Developments", of this Code. The replacement pole shall look substantially the same as existing poles in the surrounding zoning district, subdivision, or planned development.
            (2)   Designs To Follow When There Is No Standard: When no design standard is identified for a particular zoning district, subdivision, or planned development, replacement poles shall match the height, width, color, and material of the original or adjacent poles. The maximum height of any new or replacement pole shall not exceed limits specified in subsection (D)9 of this section, subject to any variation requested pursuant to subsection (D)10 of this section. The Village may, likewise, approve minor variations of up to fifty percent (50%) of the pole width or thirty inches (30"), whichever is greater, when housing equipment within the pole base.
            (3)   Placement Near Existing Poles: Replacement poles shall be located as close as possible to the existing pole to be replaced, and the replaced pole shall be removed.
            (4)   Internal Cabling: Wherever compatible with the pole design and technologically feasible, all equipment and cabling shall be internal to the replacement street lighting or traffic signal standard or otherwise camouflaged to appear to be an integrated part of a utility pole. If equipment or cabling is not proposed to be placed internal to the replacement pole, a concealment element plan shall be submitted in accordance with the provisions of subsection (M)3 of this section.
            (5)   No Illumination: Small wireless facilities shall not be illuminated.
            (6)   Generators And Backup Battery: Generators are not permitted for small wireless facilities. All proposed battery backups must be requested through the submittal of a concealment element plan in accordance with the provisions of subsection (M)3 of this section.
            (7)   Cabinet Location And Dimensions: The equipment cabinet for small wireless facilities shall be the smallest amount of cabinet enclosure necessary to enclose the equipment. Disconnect switches may be located outside of the primary equipment cabinet.
            (8)   Flush-Mounting And Pole-Top Antennas: In situations when interior concealment is demonstrated to not be possible, the small wireless facility shall, to the full extent permitted under the State Electrical Code and the utilities' requirements, be flush-mounted on the subject pole, which means mounting directly to the pole with little to no gap other than that which may be required for the screws/bolts, or located at the top of the pole. Canisters attached to the top of a pole shall not exceed the diameter of the pole unless technically required and then shall not be more than fifty percent (50%) greater than the diameter of the pole.
            (9)   Antenna Design: Where an enclosure is proposed to house an antenna, the antenna shall be located in an enclosure of no more than six (6) cubic feet in volume, or in case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than six (6) cubic feet. No more than four (4) antennas are permitted on a single pole and with a total volume not to exceed twenty four (24) cubic feet.
            (10)   Material And Color: If interior concealment described in subsection (M)2(c)(4) of this section is not possible, the small wireless facility shall to the maximum extent feasible match the color of the pole and shall be non-reflective.
         (d)   New Poles: In areas of the Village in which above-ground facilities are allowed in the public right-of-way pursuant to subsection 4-6-2(H)5, "Location Requirements", of this chapter, the installation of a new pole for the purpose of locating small wireless facilities is permitted only when the applicant establishes that:
            (1)   The small wireless facility cannot be located on a site outside of the public right-of-way such as a public park, public property, or in or on a building whether by roof or panel-mount or separate structure; and
            (2)   The small wireless facility cannot be located on an existing pole within the public right-of-way.
The applicant shall establish the foregoing requirements by submission of competent documentary evidence that:
            (1)   No existing towers or structures are located within the geographic area required to meet the applicant's engineering plans;
            (2)   Existing utility poles, towers, base stations, or small wireless support structures are not of sufficient height to meet the applicant's engineering requirements;
            (3)   Existing utility poles, towers, base stations, or small wireless support structures do not have sufficient structural strength to support the applicant's proposed small wireless facility;
            (4)   The applicant's proposed small wireless facility would cause electromagnetic interference with the existing utility poles, towers, base stations, or small wireless facilities, or the existing utility poles, towers, base stations, or small wireless facilities would cause interference with the applicant's proposed small wireless facility;
            (5)   The fees, costs and contractual provisions required by the owners of the existing utility poles, towers, base stations, or small wireless support structures to share existing space, or to adapt existing structures for sharing space are unreasonable. Costs exceeding new tower development are presumed to be unreasonable;
            (6)   There are other limiting factors which render existing utility poles, towers, base stations, or small wireless support structures unsuitable; and
            (7)   Reasonable efforts to develop an alternative location on an existing utility pole, tower, or small wireless support structure have been made.
Any proposed new utility pole or small wireless support structure proposed by an applicant shall comply with a preferred concealment technique as described in subsection (M)2(c) of this section, or an approved concealment element plan as provided in subsection (M)3 of this section.
         (e)   Ground-Mounted Equipment Standards; ADA Compliance Required: To allow full use of the public right-of-way by pedestrians, bicycles and other users, all ground-mounted equipment other than poles or wireless support structures shall be housed underground in a vault meeting the Village's construction standards. The location of wireless support structures, replacement poles, and/or any new poles shall comply with the Americans With Disabilities Act (ADA), Village construction standards, and State and Federal regulations in order to provide a clear and safe passage within the public right-of-way.
         (f)   Maximum Noise Levels: No small wireless facilities or related equipment shall be operated to produce noise levels above forty (40) decibels as measured from the nearest property line to which the small wireless facility is located.
         (g)   Advertising Prohibited: No lettering, symbols, images, or trademarks large enough to be legible to pedestrian or vehicular users of the right-of-way or other persons occupying the space in the immediate area of the small wireless facility, utility pole, or small wireless support structure shall be placed on or affixed to any utility pole, small wireless support structure, or small wireless facility other than as required by Federal Communications Commission regulations or other applicable law. Small wireless facilities concealed within signs or billboards shall not be construed to be in violation of this prohibition.
      3.   Concealment Element Plan:
         (a)   Concealment Element Plan Required: Applications for proposed small wireless facility installations which do not conform to a preferred concealment technique as identified in subsection (M)2(c) of this section shall submit a concealment element plan. The plan shall include the design of the screening, fencing, or other concealment technology for a base station, pole, or equipment structure, and all related transmission equipment or facilities associated with the proposed small wireless facility.
         (b)   Purpose Of Concealment Element Plan, Generally: Concealment element plans should seek to minimize the visual obtrusiveness of proposed small wireless facilities using methods including, but not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color and texture, or the appearance thereof, as the surface or background against which the small wireless facility will be seen or on which it will be installed. Other concealment element approaches may include, but not be limited to, use of street furniture concealment products such as trash cans, benches, information kiosks, or other types of enclosures reasonably compatible to conceal ground level equipment. Additionally, the use of a concealment support or device, such as a clock tower, steeple, flagpole, tree, wayfinding sign, decorative pole with banner, art work, street sign, or other applicable concealment structure may be approved.
         (c)   Review Of Concealment Element Plan: Where a small wireless facility is proposed that does not comply with a preferred concealment technique as specified in subsection (M)2(c) of this section, a concealment element plan shall be subject to Village review and approval in conformance with the procedures, terms and conditions set forth in section 9-14-4, "Variations", of this Code. (Ord. 18-O-22, 7-23-2018)

 

Notes

1
1. 50 ILCS 835/1 et seq.
2
1. 50 ILCS 835/1 et seq.