The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna means any structure or device for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.

Entity means any individual, corporation, partnership, association or other legal entity which seeks to provide a wireless telecommunications system.

FCC means the Federal Communication Commission or its legally appointed successor.

Permittee means any entity or its legal successor in interest who is issued a wireless telecommunications permit or a structure location permit in accordance with the provisions of this article for the erection, construction, reconstruction, operation, dismantling, testing, use, maintenance, repair, rebuilding, or replacing of a wireless telecommunications system in the village.

Street means any area established for vehicular or public access use of the entire width between the property lines of every way publicly maintained when any part thereof is open for public purposes. The term "street" includes, but is not limited to, a highway, avenue, road, alley, right-of-way, lane, boulevard, concourse, bridge, tunnel, parkways and waterways.

Structure location permit means a permit issued by the zoning administrator which authorizes the location of an antenna or tower at a particular geographic location.

Total gross revenue means all cash, credits or other property of any kind or nature reported as revenue items to the permittee's audited financial statements arising from or attributable to the sale, lease, rental or exchange of wireless telecommunications services or the equipment by the permittee within the village or in any way derived from the operation of its wireless telecommunications system, including, but not limited to, any interconnection between its system and the village and any system whatsoever. This shall be the basis for computing the fee imposed pursuant to section 54-568. The sum shall not include any bad debts, deposits, promotional or vendor discounts or credits or sales, service, occupation or other excise tax to the extent that the taxes are charged separately from normal services charges and are remitted by the permittee directly to the taxing authority.

Tower means any ground, building or roof-mounted pole, spire, structure, or combination thereof including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting an antenna.

Wireless telecommunications permit. The privilege granted by the village by which it authorizes an entity to erect, construct, reconstruct, operate, dismantle, test, use, maintain, repair, build or replace a wireless telecommunications system. Any permit issued in accordance herewith shall be a non-exclusive permit.

Wireless telecommunications service means a licensed commercial wireless telecommunications service including cellular, Personal Communication Services (PCS), Specialized Mobile Radio (SMR), Enhanced Specialized Mobilized Radio (ESMR) paging, and similar services that are marketed to the general public.

(Code 2003, § 13-1-134(a))

(a)

No entity may construct, operate or continue to operate a wireless telecommunications system within the village without having been issued a wireless telecommunications permit by the zoning administrator.

(b)

It shall be a term and condition of any wireless telecommunications permit issued in accordance herewith and part of the consideration supporting the issuance of the wireless telecommunications permit that the permittee shall pay to the village the sum of five percent of all total gross revenue derived from the operation of wireless telecommunications system. The payments shall be made annually within 120 days after the close of the calendar year. All fee payments shall be subject to audit by the village and assessment or refund if the payment is found to be in error. In the event that an audit by the village results in an assessment of an additional payment to the village, the additional payment shall be subject to interest at the rate of 1½ percent per month retroactive to the date the payment originally should have been made. The payment shall be due and payable immediately and shall include the costs of conducting the audit.

(c)

Structure location permit fees.

(1)

All applicants for a structure location permit shall pay to the village a permit request fee as prescribed in the village fee schedule.

(2)

Any entity operating a wireless telecommunications system shall pay to the village an annual structure location permit fee as prescribed in the village fee schedule.

(d)

The request fee shall be paid to the zoning administrator at the time of making application for a structure location permit. The annual structure location permit fee provided for in subsection (c) of this section shall be paid to the zoning administrator annually on or before October 1 of each calendar year for the portion of the wireless telecommunications system within the village right-of-way on January 1 of that year, and a prorated license fee, based upon the calendar quarter in which the application is filed, shall be paid at the time of the application for a structure location permit. The quarterly fees are due on January 1, April 1, July 1 and September 1.

(e)

Fees not paid within ten days after the due date shall incur interest at the rate of 1½ percent per month from the date due until paid.

(f)

The acceptance of any fee payment required hereunder by village shall not be construed as an acknowledgment that the payment paid is the correct amount due, or shall the acceptance of payment be construed as release of any claim which the village may have for additional sums due and payable.

(Code 2003, § 13-1-134(b))

(a)

Any wireless telecommunications permit or structure location permit issued by the village shall be a non-exclusive permit for the use of those areas within the village specified in the wireless telecommunications permit or structure location permit.

(b)

Any wireless telecommunications permit or structure location permit issued by the village shall continue in full force and effect so long as the permittee is in compliance with this article, all applicable federal, state and local ordinances and regulations and the space occupied is not deemed to be needed by the village for any other public purpose.

(c)

In the event any wireless telecommunications permit or structure location permit is revoked by the village, the wireless telecommunications system shall, at the sole option of the village, be removed within 30 days at the sole expense of the permittee.

(Code 2003, § 13-1-134(c))

Antennas and towers authorized by a structure location permit shall comply with the following requirements:

(1)

A proposal for a new antenna or tower shall not be approved unless the village finds that the telecommunication equipment planned for a proposed antenna cannot be accommodated on an existing or approved tower within a one mile radius of the proposed location due to one or more of the following reasons:

a.

The planned equipment would exceed the structural capacity of the existing or approved tower, as documented by a qualified and licensed professional engineer, and the existing unit or approved tower cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost.

b.

The equipment would cause interference materially impacting the usability of other existing or approved equipment at the tower as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.

c.

Existing or approved towers within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by qualified and licensed professional engineer.

d.

Other unforeseen reasons make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower.

(2)

Any proposed tower shall be designed in all respect to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height and for at least one additional user if the tower is 60 to 100 feet in height. Towers must be designed to allow for future rearrangements of antennas upon the tower and to accept antennas mounted at varying heights. All towers shall be erected and constructed in such a manner as to comply with all applicable village ordinances. All towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Towers shall not be illuminated by artificial means and shall not display strobe lights except if the lighting is specifically required by the Federal Aviation Administration or other state or federal authority. Any permittee seeking to operate a wireless telecommunications systems shall provide the village with a letter of intent signed by the tower owner committing the tower owner and his successors to allow the shared use of the tower if an additional user agrees in writing to meet objectively reasonable terms and conditions for share use.

(Code 2003, § 13-1-134(d))

(a)

Before commencing construction of a wireless telecommunications system in, above, over, under, across, through or in any way connected with the streets, public ways or public places of the village, the permittee shall first obtain the written approval of, and all other necessary permits from, all appropriate village agencies, including, but not limited to, the zoning administrator and the department of public works. Applicants for the approval shall be made in the form prescribed by the village engineer.

(b)

Upon obtaining the written approval, the permittee shall give the village engineer and any other appropriate agency written notice within a reasonable time for proposed construction, but in no event shall the notice be given less than ten days before commencement of the construction, except for emergency repairs of existing lines and cables.

(c)

Any entity that submits a request for a wireless telecommunications permit in accordance herewith shall include therein proposed agreements for the use of existing towers and antennas, if applicable, with the owners of the facilities to be used or affected by the construction of the proposed wireless telecommunications system.

(d)

It is unlawful for the permittee or any other person or entity to open or otherwise disturb the surface of any street, sidewalk, driveway, public way or other public place for any purpose whatsoever without first obtaining approval to do so after proceeding in the manner described in subsections (a) and (b) of this section. Violation of this subsection shall subject the permittee to all penalties and remedies prescribed herein and to all other remedies, legal or equitable, which are available to the village.

(e)

The permittee shall restore any street or sidewalk it has disturbed in accordance with the provisions of the village's standard specifications for streets and sidewalks, and shall at its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured, by or on account of its activities, to as good as the condition the property was immediately prior to the disturbance, damage or injury, or pay the fair market value of the property to its owners, or shall make the other repairs or restoration as outlined in the approved permit.

(f)

The permittee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any of its property when required to do so by the village because of street or other public excavation, construction, repair, regrading or grading, traffic conditions, installation of sewers, drains, water pipes, village-owned power or signal lines, tracts, vacation or relocation of streets or any other type of construction or improvement of a public agency, or any type of improvement necessary for the public health, safety or welfare, or upon termination or expiration of the permit.

(g)

The permittee shall maintain all wires, conduits, cables or other real and personal property and facilities in good condition, order and repair. The permittee shall provide indemnity insurance and performance bonds or demonstrate financial responsibility as shall comply with all rules and regulations issued by the village engineer governing the construction and installation of wireless telecommunications systems.

(h)

The permittee shall keep accurate, complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the village and shall furnish, as soon as they are available, two complete copies of the maps and records, including as-built drawings, to the village engineer.

(i)

The permittee shall comply with all rules and regulations issued by the village engineer governing the construction and installation of wireless telecommunications systems.

(Code 2003, § 13-1-134(e))

Any entity who shall carry on or conduct any business or occupation or profession for which a wireless telecommunications permit or a structure location permit is required by this section without first obtaining such a permit shall be considered to be in violation of this section and, upon conviction, shall be punished as provided in section 54-653. Each day any violation continues shall be deemed a separate, chargeable offense. No tower or antenna may be sited on residential property within the village. Placement of towers or antennas on the residentially-zoned property shall be a violation of this section and shall be subject to a fine of not less than $100.00 or more than $500.00 per day for each day that the tower or antenna is in place. Any other violation of this section shall be punished as provided in section 54-653.

(Code 2003, § 13-1-134(f))

(a)

The rights and privileges granted are considered personal, and if the permittee sells, assigns, transfers, leases or pledges the rights or privileges, or both, in whole or in part, either directly or by operation of the law, then the village shall have the right to terminate any and all permits issued hereunder for no other cause. The village shall terminate the permits in writing, by certified mail, return receipt requested, to the permittee, and the termination shall be effective 60 days from the date of mailing. The rights and privileges granted shall not be mortgaged or encumbered without the prior consent and approval of the village given by written resolution.

(b)

In addition to the provisions of termination provided for in subsection (a) of this section, the village shall have the right to terminate any and all permits issued hereunder upon any actual or pending change in, or transfer of, acquisition by any other party, or control of permittee. The term "control," as used in this context, is not limited to major stockholders, but includes actual working control in whatever manner exercised. The permittee shall annually submit to the village a list of all shareholders and a list of all officers and directors. By acceptance of the wireless telecommunications permit, the permittee specifically agrees that any violation of this section shall, at the village's option, cause any and all permits granted the permittee under this section to be revoked.

(Code 2003, § 13-1-134(g))

(a)

Entities requesting a wireless telecommunications permit may be required by the village to submit evidence of financial capability to construct and operate a wireless telecommunications permit. The evidence may include, but is not limited to, previous years' audited financial statements for the entity, individual financial statements of principals or investors or the other financial information as the village may desire.

(b)

The permittee shall provide the village with a written statement from an independent certified public accountant within 120 days after the close of the calendar year that the certified public accountant has reviewed the books and records of the permittee as they related to any permits issued under this section, and based upon the review, the certified public accountant believes the payment received by the village property reflects the fee due to the village with respect to this section. The village shall have the right to reasonable inspection of the permittee's books and records during normal business hours.

(Code 2003, § 13-1-134(h))