§ 100-13. Regulations applicable to SWFPs on Village-owned property or within public rights-of-way.

A. 

In addition to the applicable SWFP provisions listed in this chapter, any application to deploy a small wireless facility on Village-owned property or within a public right-of-way owned or controlled by the Village shall comply with the following requirements:

(1) 

License. An applicant to deploy a small wireless facility on Village-owned property or within a public right-of-way owned or controlled by the Village must obtain a license from the Board of Trustees that fairly and reasonably compensates the Village for the costs associated with such deployment.

(a) 

In the case of deployments within a public right-of-way owned or controlled by the Village, such costs shall be limited to those costs that are objectively reasonable approximations of the costs incurred by the Village relating to such deployment in the right-of-way, which costs shall be adopted by the Village Board and included in the Village's schedule of fees.

(b) 

Any license issued pursuant to this section shall require the applicant, to the extent permitted by law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the Village and its elected officials, officers, board members, employees, committee members, attorneys, agents and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, product performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility; excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the Village or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the Village.

(2) 

Location. Small wireless facilities in the public right-of-way shall be co-located on existing wireless telecommunications facilities, whenever possible. If co-location is not technologically feasible, the applicant shall locate its small wireless facility on existing utility poles or other structures that do not already act as wireless telecommunications facility support structures.

(3) 

Design requirements:

(a) 

All equipment shall be the smallest and least visibly intrusive equipment feasible.

(b) 

Antenna and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

(c) 

The small wireless facility shall be designed to be consistent with the design guidelines, if any, adopted by the Village.

(4) 

Equipment location. Small wireless facilities and any accessory equipment in the public right-of-way 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 public right-of-way as determined by the Village. In addition:

(a) 

In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb, or within four feet of the edge of the cartway, or within an easement extending onto a privately owned lot.

(b) 

To the extent feasible, accessory equipment, exclusive of antenna, shall be placed underground. Ground-mounted accessory equipment that cannot be placed underground shall be screened from surrounding views, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Village. Ground-mounted accessory equipment shall be screened, when possible, by utilizing existing structures. If screening by utilizing existing structures is not possible, ground-mounted accessory equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings, landscaping, and/or screening walls, enclosures or other stealth technology to the satisfaction of the Village.

(c) 

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Village.

(d) 

Any graffiti on any small wireless facility support structure or any accessory equipment shall be removed within 30 days upon notification by the Village at the sole expense of the owner.

(e) 

Any proposed underground vault related to small wireless facilities shall be reviewed and approved by the Village.

(f) 

Accessory equipment attached to a small wireless facility support structure shall have such vertical clearance as the Zoning Board of Appeals may determine.

(5) 

Relocation or removal of small wireless facilities in the public right-of-way. In addition to the removal provisions set forth in § 100-26, within 90 days following written notice from the Village, or such longer period as the Village determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a small wireless facility and any accessory equipment in the public right-of-way shall, at its own expense, temporarily or permanently remove, relocate, or change the position of any small wireless facility or accessory equipment when the Village, consistent with its police powers and any applicable federal and/or state regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

(a) 

To construct, repair, maintain or install any Village or other public improvement located in the public right-of-way;

(b) 

To prevent the interference with the operations of the Village or other governmental entity, in the public right-of-way;

(c) 

Abandonment of a street or road or the release of a utility easement; or

(d) 

An emergency as determined by the Village Board.