Within 10 business days of receiving a small wireless application, the Township shall determine whether the small wireless application is incomplete. If incomplete, the Township shall provide written notice to the small wireless applicant specifically identifying the missing information. All deadlines contained in this section shall restart upon the small wireless application process.

A small wireless application for co-location shall be approved or denied by the Township within 60 days of the receipt of a completed small wireless application.

A small wireless application to replace an existing utility pole or install a new utility pole with the small wireless facility attached, shall be approved or denied by the Township within 90 days of receipt of the completed small wireless application.

If there are deficiencies, the Township will provide the small wireless applicant with written notice of the basis for denial.

The small wireless applicant may cure the deficiencies and resubmit a revised small wireless application within 30 days.

The Township shall determine whether all deficiencies have been addressed. The Township will notify the small wireless applicant of approval or denial, within 30 days of the resubmittal.

Any resubmittal that addresses or changes other sections, shall afford the Township an additional 15 days to review the resubmittal and shall trigger an additional application fee to be paid by the small wireless applicant with the resubmittal.

Once all requirements of the Act and this chapter have been met, the Zoning Officer shall issue a permit to authorize installation of the small wireless facility and an invoice for the right-of-way fee.

The proposed co-location, the modification or replacement of a utility pole or the installation of a new utility pole with small wireless facilities attached, for which a permit is granted under this chapter, shall be completed within one year of the permit issuance date.

Subject to the permit requirements and the wireless provider's right to terminate at any time, the permit shall authorize the operation and maintenance of the small wireless facility and any associated equipment on the utility pole covered by the permit, for a period of five years, which shall be renewed for two additional five-year periods if the permit holder is in compliance with the criteria set forth in this chapter and the Act, and the permit holder has obtained all necessary consent from the utility pole owner.

The small wireless facility and all associated equipment shall meet the size and height limits of the Act.

The small wireless facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way. This shall include, but not be limited to, any interference with compliance with the ADA.

A new pole shall not be located within 10 feet of an existing driveway or street intersection. A new pole shall not be located within any stormwater management facility including, but not limited to, any swale or rain garden. A new pole shall not be located within 18 inches of the face of the curb.

Small wireless facility equipment mounted on a pole, shall have a clearance of not less than 18 feet if located over a cartway and not less than 10 feet if not located over a cartway.

Ground-mounted accessory equipment, walls, or landscaping shall not be located within any stormwater management facility including, but not limited to, any swale or rain garden or within 18 inches of the face of the curb.

A new pole or ground-mounted accessory equipment, walls or landscaping shall not be located in an easement extending onto property adjoining the right-of-way, without the written permission of the easement holder.

Ground-mounted accessory equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features. Any required electrical meter cabinets shall the screened to blend in with the surrounding area.

All underground facilities shall be designed and installed in a manner which will not require the removal or relocation of any stormwater management facility or underground utility.

If the proposed small wireless facility is to be placed on or near an historic structure, the small wireless facility and wireless support structures shall be located so as not to be located along the frontage of any historic structure.

In any officially designated underground utility district of the Township in which all cable facilities and utility facilities, other than municipal poles and attachments, are required to be placed underground, and in which municipal poles may be replaced, any person wishing to place a small wireless facility shall also meet any additional requirements of the underground utility district.

Persons wishing to place a small wireless facility in an underground utility district may apply for a waiver from the requirements of the underground utility district. After an application for a waiver is received by the Township, the Township shall hold a public hearing on the request for a waiver. In order to be considered, the request for a waiver must include a letter from the owner of the property where the small cell facility is to be placed, consenting to the waiver request.

A wireless provider shall repair all damage to the right-of-way or any other land so disturbed, directly caused by the activities of the wireless provider or the wireless provider's contractors, including installation of the small wireless facility or the failure to properly maintain the small wireless facility, and return the right-of-way in as good of condition as it existed prior to any work being done in the right-of-way by the wireless provider or damage resulting from the failure to maintain the small wireless facility. If the wireless provider fails to make the repairs required by the Township within 30 days after written notice, the Township may perform those repairs and charge the wireless provider the reasonable, documented cost of the repairs plus a penalty of $500.

The wireless provider who has failed to make the required repairs shall not be eligible to receive a new permit from the Township until the wireless provider has paid the amount assessed for the repair costs and the assessed penalty or has deposited the amount assessed for the repair costs and the assessed penalty in escrow with the court adjudicating the merits of the dispute.

A wireless provider shall fully indemnify and hold the Township and its officers, employees and agents harmless against any claims, lawsuits, judgments, costs, liens, expenses or fees or any other damages caused by the act, error or omission of the wireless provider or its officers, agents, employees, directors, contractors or subcontractors while installing, repairing or maintaining small wireless facilities or utility poles within the right-of-way.

The failure to pay the annual right-of-way fee shall be a violation of this chapter and shall be subject to the penalties and remedies in this chapter.

If the annual right-of-way fee is not paid in full by January 31 of the calendar year, a penalty of 10% of the annual fee shall be added. If the annual fee plus penalty is not paid in full by March 31 of the calendar year, interest at the rate of 1% per month shall continue until the annual right-of-way fee, penalty, and interest are paid in full.

The annual fee may be adjusted upward by resolution of the Board of Supervisors as authorized by Section 7(c) of the Act.

The owner of each small wireless facility installed within a right-of-way on the effective date of this chapter shall provide the Township with a report identifying each existing small wireless facility identifying the location of such small wireless facility, the dimensions of such small wireless facility, and the date of installation of the small wireless facility. This report shall include the name and contact information for the owner of the small wireless facilities, including the address to send invoices for the annual right-of-way fee and any notices under this chapter.

The owner of each small wireless facility shall provide the Township with up-to-date contact information. If ownership of a small wireless facility changes, the new owner of the small wireless facility shall provide notice and new contact information to the Township within 30 days.

Within 60 days of suspension or revocation of a permit due to noncompliance with this chapter or the Act, the wireless provider shall remove the small wireless facility and any associated equipment, including the utility pole and any support structures if the permit holder's wireless facilities and associated equipment are the only facilities on the utility pole, after receiving adequate notice and an opportunity to cure any noncompliance.

Within 90 days of the end of a permit term or an extension of the permit term, the permit holder shall remove the small wireless facility and any associated equipment, including the utility pole and any support structures if the permit holder's wireless facilities and associated equipment are the only facilities on the utility pole.

A wireless provider which elects to discontinue the use of a small wireless facility shall notify the Township in writing not less than 45 days' prior to the discontinuance of use of the small wireless facility, which notice shall specify when and how the wireless provider will remove the small wireless facility and, if applicable, the pole. The wireless provider shall complete the removal within 45 days of the discontinuance of the use of the small wireless facility. A permit issued under this chapter for a small wireless facility which is voluntarily removed shall expire upon the removal of the small wireless facility.

If a small wireless facility is discontinued for a period of 120 days or is abandoned without notice from the owner, it shall be considered abandoned and the Township may remove it at the owner's expense if the Township provides written notice of its intent to remove under this section and, within 30 days after receipt of such written notice, the owner of the does not reply to the Township, in writing, that the small wireless facility continues to be in operation. Costs for such removal shall be collectible as allowed by law.

The Township reserves the right to inspect and to request information from the owner, which the owner shall provide following such request, as to the continued use of the operator's small wireless facility within the right-of-way.

The Township reserves the right (unless prohibited by law) to require the owner of the small wireless facility to provide financial security to the Township sufficient to cover the costs of removal of the small wireless facility if such use is discontinued or abandoned. The small wireless applicant shall submit an estimate of such removal costs to the Township Engineer for review and approval of same. Said financial security shall remain in place until said facility is removed.

Prevention of failures and accidents. Any person who owns or operates a portion of a small wireless facility sited in the public right-of-way shall always employ ordinary and reasonable care and install and maintain it using industry standard technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.

Compliance with Fire Safety and FCC regulations. A small wireless facility, including, but not limited to, wires, cables, fixtures, and other equipment, shall be installed and maintained in compliance with the requirements of any applicable provisions of the National Electric Code and building codes, and in such manner that will not interfere with the use of other property or any existing public/private utilities or public safety systems.

Each attachment of wireless facilities should bear a marker or insignia legible at street level identifying the owner of the small wireless facility and contact information.

Property owned by a private party without the written consent of the property owner;

Property owned or controlled by a unit of local government that is not located within public rights-of-way without the written consent of the unit of local government. (Local governments are, however, required to authorize the co-location of small wireless facilities on utility poles owned or controlled by the local government or located within rights-of-way to the same extent the local government permits access to utility poles for other commercial projects or uses);

A privately owned utility pole or wireless support structure, without the consent of the property owner; or

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.

Violations. It shall be a violation of this chapter to do or permit the following:

Penalties. Any person who violates or permits the violation of any provision of this chapter shall be liable upon summary conviction therefor to fines and penalties of not less than $500 nor more than $1,000 plus all costs of prosecution, including attorneys' fees, which costs, fines, fees and penalties may be collected as provided by law. Each day that a violation continues and each section of this chapter that is violated constitutes a separate violation.