§ 100-10. Determination procedures for small wireless facilities.  


Latest version.
  • A. 
    The Zoning Board of Appeals may, at its discretion, require a public hearing on any application for a SWFP.
    B. 
    The Zoning Board of Appeals shall grant, grant with conditions or deny the application for a SWFP within the time frames set forth herein, and it shall render its determination, based upon substantial evidence in the record, in writing.
    C. 
    In granting any SWFP, the Zoning Board of Appeals may attach such conditions and safeguards to such permit as are, in its opinion, necessary to ensure initial and continued conformance to all applicable standards and requirements, including the incorporation of stealth technologies or other measures which mitigate adverse visual impacts and may require that such facility be designed and constructed in accordance with design guidelines, if any, adopted by the Village Board.
    D. 
    Time frames for determination.
    (1) 
    Within 60 days of receipt of a complete application for the co-location of a small wireless facility on a preexisting utility pole, monopole or other existing wireless telecommunications facility support structure, the Zoning Board of Appeals shall make a final decision on whether to approve, approve with condition or deny the application and shall notify the applicant in writing of such decision.
    (2) 
    Within 90 days of receipt of a complete application for a small wireless facility on a new utility pole, monopole or other new wireless telecommunications facility support structure, the Zoning Board of Appeals shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision.
    (3) 
    Within 10 days of receipt of an incomplete application for a small wireless facility, the Village shall notify the applicant in writing of any supplemental information required to complete the application. Upon receipt of an applicant's supplemental information in response to the initial notification of incompleteness by the Village, the applicable shot clock will reset to zero and the Village shall have the full 60 days or 90 days permitted by law to act on the completed application.
    (4) 
    For any subsequent determinations of incompleteness beyond the initial, the Village shall notify the applicant of any required supplemental information within 10 days of receipt of the supplemental submission and such notice shall toll the applicable time frames until the applicant submits the required supplemental information.
    (5) 
    Batching.
    (a) 
    If a single application seeks authorization for multiple deployments, all of which fall within a category set forth in either Subsection D(1) or (2) of this section, the Zoning Board of Appeals shall render its determination within the time periods provided in the applicable subsection;
    (b) 
    If a single applicant seeks authorization for multiple deployments, the components of which are a mix of deployments that fall within Subsection D(1) or (2) of this section, the Zoning Board of Appeals shall render its determination within 90 days.
    (6) 
    All time periods set forth in this section reference calendar days.
    (7) 
    The time frames set forth herein may be extended by mutual agreement of the applicant and the Zoning Board of Appeals, or upon a determination by the Zoning Board of Appeals, set forth in writing and based upon substantial evidence, that, despite its best efforts, the Zoning Board of Appeals could not complete its review of such application consistent with all applicable requirements within such time frames.