§ 66-57. Waivers.

Waivers to the requirements of this article may be granted by the land development director as provided in this subsection. Nothing in this article shall be construed to prohibit or have the effect of prohibiting the nondiscriminatory and competitively neutral use of rights-of-way within the village limits by utility service providers, in violation of state or federal law. The waiver provisions listed in this subsection apply only where a registrant's application for the placement or relocation of a facility in a right-of-way does not meet the criteria for approval as required by this article. A request for a waiver shall include all information described in this subsection and any other reasonable information the village may require. The land development director may deny the request for a waiver if it does not comply with the requirements of this subsection. The following provisions shall govern the issuance of a waiver from the requirements of this article:

(1)

The land development director shall consider the following factors in determining whether to grant a waiver:

a.

A detailed explanation, with supporting data, as to why a waiver from the requirements of this article is required in order to allow the registrant/applicant to have nondiscriminatory and competitively neutral use of the rights-of-way. This may include, as appropriate, evidence that a waiver is required to avoid an undue burden/hardship on the applicant and that a waiver is necessary in order to close a significant gap in the applicant's service to the affected area, evidence that the application of the requirements of this article is contrary to the public health, safety or welfare; or evidence that the application of the requirements of this article creates a result that is inconsistent with the intent of this article. The foregoing examples are not intended to be exhaustive of the items that an applicant may present to the village when requesting a waiver under this subsection;

b.

Availability of co-location opportunities, which are a preferred solution in the granting of a waiver;

c.

Size and height of the proposed facilities;

d.

Location and separation distances of the proposed facilities;

e.

Location of the nearest residential units or residentially zoned properties;

f.

Adjacent and nearby topography, tree coverage and foliage;

g.

Design of the proposed facilities with particular reference to elimination of visual impacts of such facilities through stealth design or adequate screening, which are a preferred solution in the granting of a waiver;

h.

Any other factors the land development director determines to be relevant.

(2)

In granting any waiver, the land development director may impose conditions to the extent the land development director concludes such conditions are necessary to minimize any adverse effects of the proposed facility on adjoining properties or to protect the health, safety and welfare of the village and the residents.

(Ord. No. 2015-28, § 3, 9-25-2015)