(a) Whenever any existing electric utilities, cable facilities, telecommunications facilities or other facilities are located underground within a Public Way of the Village, the Facilities Operator must locate its Facilities underground.
(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 Board of Zoning Appeals for a waiver of the underground placement requirement if the Operator is unable to achieve its service objective and provide reasonable service in the Village 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;
(3) From other suitable locations or structures made available by the Village at reasonable rates, fees and terms.
(e) Submission of a waiver request pursuant to subsection (d) is subject to the Facilities Operator's agreement to toll the timeframes set forth in this Chapter and in Section 915.08(a) of the Codified Ordinances by fourteen (14) days.
(Ord. 2018-37. Passed 7-30-18.)