A.   Purpose: The purpose of this chapter is to establish policies and procedures for the permitting, installation, and maintenance of small cell antennas on private property within the village's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the village as a whole.

   B.   Intent: In enacting this chapter, the village intends to exercise its zoning authority over the installation and maintenance of small cell antennas and facilities, by establishing uniform standards to address issues presented by said antennas and facilities, including, without limitation:

      1.   Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

      2.   Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

      3.   Prevent interference with the facilities and operations of the village's utilities and utilities lawfully located in rights of way or public property;

      4.   Protect against environmental damage, including damage to trees, from the installation of small cell antennas;

      5.   Preserve the character of the neighborhood and/or zoning district in which the small cell antennas are installed;

      6.   Preserve open space, particularly in the tree lined parkways that characterize the village's residential neighborhoods;

      7.   Prevent visual blight from the proliferation of small cell antennas;

      8.   Assure the continued safe use and enjoyment of properties adjacent to small cell antenna locations.

   C.   Conflicts With State And Federal Laws: In the event that application of federal or state laws or regulations conflict with the requirements of this chapter, the small cell antenna and/or small cell facilities shall comply with the requirements of this chapter to the maximum extent possible without violating federal or state laws or regulations. (Ord. 2016-07-05A, 7-5-2016)

The village shall use sound engineering judgment when administering this chapter and may vary the standards, conditions, and requirements expressed in this chapter when the village so determines. Nothing herein shall be construed to limit the ability of the village to regulate for the protection of the public health, safety, and welfare. (Ord. 2016-07-05A, 7-5-2016)

   A.   Permit Required: No person shall construct, allow to be constructed, install, or allow to be installed, any small cell antenna and/or small cell antenna facility without first filing an application with the director of public works and obtaining a permit from the village thereof, except as otherwise provided in this chapter. Each permit request shall be accompanied by an application fee in the amount of two hundred fifty dollars ($250.00).

   B.   Permit Application: All permit applications filed pursuant to this chapter shall be filed on a form provided by the village and in such number of duplicate copies as the village may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly.

   C.   Minimum General Application Requirements: The application shall be made by the private property owner or duly authorized representative, and shall contain, at a minimum, the following information:

      1.   The name, address, e-mail address, telephone, and telecopy numbers of the private property owner;

      2.   The wireless carrier and/or infrastructure provider's name and address and telephone and telecopy numbers;

      3.   The names, addresses, and telephone and telecopy numbers and e-mail addresses of all professional consultants, if any, advising the applicant with respect to the application;

      4.   A general description of the proposed work and the purpose and intent of the small cell site. The scope and detail of such description shall contain a detailed accounting of the carrier's existing facilities within the village, including maps of the same;

      5.   Depiction of proposed small cell site, including the property address, specified location and photographs of the small cell site, poles, and structures, and the immediate surroundings located therein;

      6.   Long range plan of wireless carrier and/or wireless infrastructure provider, including an estimation of total number of small cell antennas that carrier anticipates requesting:

         a.   Anticipated installation schedule for the application;

         b.   Any request for a variance from one or more provisions of this chapter (see section 11-13-10 of this title); and

         c.   Such additional information as may be reasonably required by the village.

   D.   Applicant's Duty To Update Information: Throughout the entire permit application review period and the installation period authorized by permit, any amendments to information contained in a permit application shall be submitted by the permit applicant in writing to the village within thirty (30) days after the change necessitating the amendment. (Ord. 2016-07-05A, 7-5-2016)

   A.   Village Review Of Permit Applications: Completed permit applications, containing all required documentation, shall be examined by the village director of public works within a reasonable time after filing.

   B.   Permit Review Standards: All permits will be reviewed based upon the following elements:

      1.   Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

      2.   Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

      3.   Prevent interference with the facilities and operations of the village's utilities and utilities lawfully located in rights of way or public property;

      4.   Protect against environmental damage, including damage to trees, from the installation of small cell antennas;

      5.   Preserve the character of the neighborhood and/or zoning district in which the small cell antennas are installed;

      6.   Preserve open space, particularly in the tree lined parkways that characterize the village's residential neighborhoods;

      7.   Prevent visual blight from the proliferation of small cell antennas;

      8.   Assure the continued safe use and enjoyment of properties adjacent to small cell antenna locations.

   C.   Applications Denied: If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, and regulations, the village director of public works shall reject such application in writing, stating the reasons therefor.

   D.   Applications Granted: If the village director of public works is satisfied that the proposed work conforms to the requirements of this chapter and applicable ordinances, codes, laws, rules, and regulations, the village director of public works shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the property owner/applicant to demonstrate, to the satisfaction of the village director of public works, that the construction proposed under the application shall be in full compliance with the requirements of this chapter.

   E.   Installation And Maintenance Of Small Cell Equipment: Each property owner/applicant is responsible for ensuring that the construction, installation, and maintenance of all small cell antennas and/or facilities are conducted in accordance with this chapter. Said facilities must be maintained in excellent and operational condition at all times. (Ord. 2016-07-05A, 7-5-2016)

   A.   Duration: No permit issued under this chapter shall be valid for a period longer than six (6) months unless installation has actually begun within that period and is thereafter diligently pursued to completion.

   B.   Compliance With All Laws Required: The issuance of a permit by the village does not excuse the property owner/permittee from complying with other requirements of the village and applicable statutes, laws, ordinances, rules, and regulations. (Ord. 2016-07-05A, 7-5-2016)

In the event that the actual locations of any small cell antenna and/or small cell antenna facility deviates in any material respect from the location identified in the plans, drawings and specifications submitted with the permit application, the property owner/permit holder shall submit a revised set of drawings or plans to the village within ninety (90) days after the completion of the permitted work. The revised drawings or plans shall specifically identify said deviations. If any deviation from the permit also deviates from the requirements of this chapter, it shall be treated as a request for variance in accordance with section 11-13-10 of this title. If the village denies the request for a variance, then the permittee and/or property owner shall either remove the antenna and/or its appurtenances from the site or modify the small cell antenna and/or small cell antenna facility so that it conforms to the permit and submit revised drawings or plans therefor. (Ord. 2016-07-05A, 7-5-2016)

The permittee and/or property owner must abide by all insurance and registration requirements set forth in section 9-1-9 of this code. (Ord. 2016-07-05A, 7-5-2016)

   A.   Village Right To Revoke Permit: The village may revoke or suspend a permit issued pursuant to this chapter for one or more of the following reasons:

      1.   Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application;

      2.   Noncompliance with this chapter;

      3.   Physical presence or presence of equipment, antennas, or appurtenances in such a manner that poses a direct or imminent threat to the public health, safety, or welfare; or

      4.   Failure to install the equipment and/or appurtenances substantially in accordance with the permit and approved plans.

   B.   Notice Of Revocation Or Suspension: The village shall send written notice of its intent to revoke or suspend a permit issued pursuant to this chapter stating the reason or reasons for the revocation or suspension and the alternatives available to the permittee and/or property owner under this section.

   C.   Permittee Alternatives Upon Receipt Of Notice Of Revocation Or Suspension: Upon receipt of a written notice of revocation or suspension from the village, the permittee and/or property owner shall have the following options:

      1.   Immediately provide the village with evidence that no cause exists for the revocation or suspension;

      2.   Immediately correct, to the satisfaction of the village, the deficiencies stated in the written notice, providing written proof of such correction to the village within five (5) working days after receipt of the written notice of revocation; or

      3.   Immediately remove the equipment or appurtenances identified as posing a threat and providing written proof of such removal to the village within ten (10) days after receipt of the written notice of revocation.

The village may, in its discretion, for good cause shown, extend the time periods provided in this subsection.

   D.   Stop Work Order: In addition to the issuance of a notice of revocation or suspension, the village may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within subsection A of this section.

   E.   Failure Or Refusal Of The Permittee To Comply: If the permittee and/or property owner fails to comply with the provisions of subsection C of this section, the village or its designee may, upon not less than twenty (20) days' notice to the permittee, establish that the equipment poses a nuisance and shall be authorized to abate said nuisance by removing the subject equipment. The property owner shall be liable in all events to the village for all costs of removal. (Ord. 2016-07-05A, 7-5-2016)

   A.   Notification Of Change: The property owner shall be responsible for knowing who owns/operates the small cell antennas and/or small cell antenna facilities on his or her property and shall be responsible for informing the village of a wireless carrier and/or wireless infrastructure provider's transfer of ownership of equipment or change in identity. The property owner shall notify the village no less than thirty (30) days prior to the occurrence of such an event.

   B.   Insurance And Bonding: All required insurance coverage or bonding must be changed to reflect the name of the new owner upon transfer. (Ord. 2016-07-05A, 7-5-2016)

All requests for a variation from the standards set forth in this chapter must comport with the procedure set forth in section 11-13-10 of this title. (Ord. 2016-07-05A, 7-5-2016)

Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter shall be subject to fine in accordance with the penalty provisions of this code. (Ord. 2016-07-05A, 7-5-2016)

Nothing in this chapter shall be construed as limiting any additional or further remedies that the village may have for enforcement of this chapter. (Ord. 2016-07-05A, 7-5-2016)