The following words, terms and phrases, when used in this Article 2, shall have the meanings ascribed to them in this Section
6-2-2, except where the context clearly indicates a different meaning. Any term not defined in this Section
6-2-2 shall have the meaning ascribed to it in 92 Ill. Admin. Code 530.30, unless the context clearly requires otherwise.
AASHTO
American Association of State Highway and Transportation
Officials.
ANSI
American National Standards Institute.
APPLICANT
A person applying for a permit under this Article 2.
ASTM
American Society for Testing and Materials.
BACKFILL
The methods or materials for replacing excavated material
in a trench or pit.
BORE or BORING
To excavate an underground cylindrical cavity for the insertion
of a pipe or electrical conductor.
CARRIER PIPE
The pipe enclosing the liquid, gas or slurry to be transported.
CASING
A structural protective enclosure for transmittal devices
such as: carrier pipes, electrical conductors, and fiber optic devices.
CLEAR ZONE
The total roadside border area, starting at the edge of the
pavement, available for safe use by errant vehicles. This area may
consist of a shoulder, a recoverable slope, a nonrecoverable slope,
and a clear run out area. The desired width is dependent upon the
traffic volumes and speeds, and on the roadside geometry. Distances
are specified in the AASHTO Roadside Design Guide.
COATING
Protective wrapping or mastic cover applied to buried pipe
for protection against external corrosion.
CONDUIT
A casing or encasement for wires or cables.
CONSTRUCTION or CONSTRUCT
The installation, repair, maintenance, placement, alteration,
enlargement, demolition, modification or abandonment in place of facilities.
COVER
The depth of earth or backfill over buried utility pipe or
conductor.
CROSSING FACILITY
A facility that crosses one or more right-of-way lines of
a right-of-way.
DISRUPT THE ROW
Any work that obstructs the right-of-way or causes a material
adverse effect on the use of the right-of-way for its intended use.
Such work may include, without limitation, the following: excavating
or other cutting; placement (whether temporary or permanent) of materials,
equipment, devices, or structures; damage to vegetation; and compaction
or loosening of the soil, and shall not include the parking of vehicles
or equipment in a manner that does not materially obstruct the flow
of traffic on a highway.
EMERGENCY
Any immediate maintenance to the facility required for the
safety of the public using or in the vicinity of the right-of-way
or immediate maintenance required for the health and safety of the
general public served by the utility.
ENGINEER
The Village Engineer or his or her designee.
EQUIPMENT
Materials, tools, implements, supplies and/or other items
used to facilitate construction of facilities.
EXCAVATION
The making of a hole or cavity by removing material, or laying
bare by digging.
FACILITY
All structures, devices, objects, and materials (including,
but not limited to, track and rails, wires, ducts, fiber optic cable,
antennas, vaults, boxes, equipment enclosures, cabinets, pedestals,
communications and video cables and wires, poles, conduits, grates,
covers, pipes, cables, and appurtenances thereto) located on, over,
above, along, upon, under, across, or within rights-of-way under this
Article 2, except those owned by the Village. For purposes of this
Article 2, the term "facility" shall not include any facility owned
or operated by the Village.
FREESTANDING FACILITY
A facility that is not a crossing facility or a parallel
facility, such as an antenna, vault, box, cabinet, equipment enclosure,
pedestal, transformer, pump, or meter station.
[Amended 7-17-2018 by Ord. No. 2018-3349]
FRONTAGE ROAD
Roadway, usually parallel, providing access to land adjacent
to the highway where it is precluded by control of access on highway.
HAZARDOUS MATERIALS
Any substance or material which, due to its quantity, form,
concentration, location, or other characteristics, is determined by
the Director of Public Works to pose an unreasonable and imminent
risk to the life, health or safety of persons or property or to the
ecological balance of the environment, including, but not limited
to, explosives, radioactive materials, petroleum or petroleum products
or gases, poisons, etiology (biological) agents, flammables, corrosives
or any substance determined to be hazardous or toxic under any federal
or state law, statute or regulation.
HIGHWAY
A specific type of right-of-way used for vehicular traffic
including rural or urban roads or streets. "Highway" includes all
highway land and improvements, including roadways, ditches and embankments,
bridges, drainage structures, signs, guardrails, protective structures
and appurtenances necessary or convenient for vehicle traffic.
HIGHWAY CODE
The Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended
from time to time.
HOLDER
A person or entity that has received authorization to offer
or provide cable or video service from the ICC pursuant to the Illinois
Cable and Video Competition Law, 220 ILCS 5/21-401.
ICC
Illinois Commerce Commission.
IDOT
Illinois Department of Transportation.
JACKING
Pushing a pipe horizontally under a roadway by mechanical
means with or without boring.
JETTING
Pushing a pipe through the earth using water under pressure
to create a cavity ahead of the pipe.
JOINT USE
The use of pole lines, trenches or other facilities by two
or more utilities.
JULIE
The Joint Utility Locating Information for Excavators Utility
Notification Program.
OCCUPANCY
The presence of facilities on, over or under the right-of-way.
PARALLEL FACILITY
A facility that is generally parallel or longitudinal to
the center line of a right-of-way.
PARKWAY
Any portion of the right-of-way not improved by street or
sidewalk.
PAVEMENT CUT
The removal of an area of pavement for access to a facility
or for the construction of a facility.
PERMITTEE
That entity to which a permit has been issued pursuant to Sections
6-2-4 and
6-2-5 of this Code.
PETROLEUM PRODUCTS PIPELINES
Pipelines carrying crude or refined liquid petroleum products,
including, but not limited to, gasoline, distillates, propane, butane,
or coal slurry.
PRACTICABLE
That which is performable, feasible or possible, rather than
that which is simply convenient.
PRESSURE
The internal force acting radially against the walls of a
carrier pipe expressed in pounds per square inch gauge (psig).
PROMPT
That which is done within a period of time specified by the
Village. If no time period is specified, the period shall be 30 days.
PUBLIC ENTITY
A legal entity that constitutes or is part of the government,
whether at the local, state or federal level.
RESTORATION
The repair of a right-of-way, highway, roadway, or other
area disrupted by the construction of a facility.
RIGHT-OF-WAY or ROW
Any street, alley, other land or waterway, dedicated or commonly
used for utility, pedestrian or vehicular traffic or other similar
purposes, including utility easements, in which the Village has the
right and authority to authorize, manage, regulate or permit the location
of facilities other than those of the Village. "Right-of-way" or "ROW"
shall not include any real or personal Village property that is not
specifically described in the previous two sentences and shall not
include Village buildings, fixtures and other structures or improvements,
regardless of whether they are situated in the right-of-way.
[Amended 1-5-2021 by Ord. No. 2021-3508]
ROADWAY
That part of the highway that includes the pavement and shoulders.
SALE OF TELECOMMUNICATIONS AT RETAIL
The transmitting, supplying, or furnishing of telecommunications
and all services rendered in connection therewith for a consideration,
other than between a parent corporation and its wholly owned subsidiaries
or between wholly owned subsidiaries, when the gross charge made by
one such corporation to another such corporation is not greater than
the gross charge paid to the retailer for their use or consumption
and not for sale.
SHOULDER
A width of roadway, adjacent to the pavement, providing lateral
support to the pavement edge and providing an area for emergency vehicular
stops and storage of snow removed from the pavement.
TELECOMMUNICATIONS
Includes, but is not limited to, messages or information
transmitted through use of local, toll and wide area telephone service,
channel services, telegraph services, teletypewriter service, computer
exchange service, private line services, mobile radio services, cellular
mobile telecommunications services, stationary two-way radio, paging
service and any other form of mobile or portable one-way and two-way
communications, and/or any other transmission of messages or information
by electronic or similar means, between or among points by wire, cable,
fiber optics, laser, microwave, radio, satellite, or similar facilities.
Unless the context clearly requires otherwise, "telecommunications"
shall also include wireless telecommunications as defined in the Illinois
Telecommunications Infrastructure Maintenance Fee Act, 35 ILCS 635/1
et seq. "Private line" means a dedicated nontraffic sensitive service
for a single customer and/or a dedicated nontraffic sensitive service
for a single customer that entitles the customer to exclusive or priority
use of a communications channel, or a group of such channels, from
one or more specified locations to one or more other specified locations.
"Telecommunications" shall not include value added services in which
computer processing applications are used to act on the form, content,
code and protocol of the information for purposes other than transmission.
"Telecommunications" shall not include purchase of telecommunications
by a telecommunications service provider for use as a component part
of the service provided by such provider to the ultimate retail consumer
who originates or terminates the end-to-end communications. "Telecommunications"
shall not include the provision of cable services through a cable
system as defined in the Cable Communications Act of 1984 (47 U.S.C.
§ 521 et seq.), as now or hereafter amended, or cable or
other programming services subject to an open video system fee payable
to the Village through an open video system as defined in the rules
of the Federal Communications Commission (47 CDF 76.1550; 47 CFR 76.1500
et seq.), as now or hereafter amended.
[Amended 7-17-2018 by Ord. No. 2018-3349]
TELECOMMUNICATIONS PROVIDER
Any person that installs, owns, operates or controls facilities
in the public rights-of-way used or designed to be used to transmit
telecommunications in any form.
TRENCH
A relatively narrow open excavation for the installation
of an underground facility.
UTILITY
The individual or entity owning or operating any "facility"
as defined in this Article 2.
VENT
A pipe to allow the dissipation into the atmosphere of gases
or vapors from an underground casing.
VIDEO SERVICE
That term as defined in Section 21-201(v) of the Illinois
Cable and Video Competition Law of 2007, 220 ILCS 5/21-201(v).
WATERLINES
Pipelines carrying raw or potable water.
WET BORING
Boring using water under pressure at the cutting auger to
soften the earth and to provide a sluice for the excavated material.
[Amended 7-17-2018 by Ord. No. 2018-3349]
Every utility that occupies a right-of-way within the Village shall register on January 1 of each year with the Village Manager, providing the utility's name, address and regular business telephone and telecopy numbers, the name of one or more contact persons who can act on behalf of the utility in connection with emergencies involving the utility's facilities in the right-of-way and a twenty-four-hour emergency contact telephone number (not voice mail or a recording) for each such person, and evidence of insurance as required in Section
6-2-8 of this Code, in the form of a certificate of insurance.
In the event that the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the Village within 90 days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this Article 2, it shall be treated as a request for variation in accordance with Section
6-2-21 of this Code. If the Village denies the request for a variation, then the permittee shall either remove the facility from the right-of-way or modify the facility so that it conforms to the permit and submit revised drawings or plans therefor.
[Amended 7-17-2018 by Ord. No. 2018-3349]
By occupying or constructing facilities in the right-of-way,
a utility shall be deemed to agree to defend, indemnify and hold the
Village and its elected and appointed officials and officers, employees,
agents and representatives harmless from and against any and all injuries,
claims, demands, judgments, damages, losses and expenses, including
reasonable attorneys' fees and costs of suit or defense, arising out
of, resulting from or alleged to arise out of or result from the negligent,
careless or wrongful acts, omissions, failures to act or misconduct
of the utility or its affiliates, officers, employees, agents, contractors
or subcontractors in the construction of facilities or occupancy of
the rights-of-way or any other Village improvements, and in providing
or offering service over the facilities, whether such acts or omissions
are authorized, allowed or prohibited by this Article 2 or by a franchise,
license, or similar agreement; provided, however, that the utility's
indemnity obligations hereunder shall not apply to any injuries, claims,
demands, judgments, damages, losses or expenses arising out of or
resulting from the negligence, misconduct or breach of this Article
2 by the Village, its officials, officers, employees, agents or representatives.
A utility shall also waive any claims it may have against the Village
with respect to consequential, incidental, or special damages, however
caused, based on the theory of liability.
[Added 7-17-2018 by Ord.
No. 2018-3349]
(A) Purpose. The purpose of this section is to establish standards for
the location, installation, and maintenance of small wireless facilities
in compliance with the Illinois Small Wireless Facilities Deployment
Act (50 ILCS 835/1 et seq.) and Village standards. Small wireless
facilities shall be subject to the requirements of this section, this
Article 2, and federal law.
(B) Definitions. Words or phrases in this section that are not defined in this Subsection
(B) or in Section
6-2-2 shall have the meanings ascribed to them in the Illinois Small Wireless Facilities Deployment Act. The following words and phrases have the meanings ascribed to them:
ANTENNA
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
COLLOCATE or COLLOCATION
To install, mount, maintain, modify, operate, or replace
wireless facilities on or adjacent to a wireless support structure
or utility pole.
MICRO WIRELESS FACILITY
A small wireless facility that is not larger in dimension
than 24 inches in length, 15 inches in width, and 12 inches in height
and that has an exterior antenna, if any, no longer than 11 inches.
RIGHT-OF-WAY or ROW
For the purposes of collocation of small wireless facilities,
the area on, below, or above a public roadway, highway, street, public
sidewalk, alley, or utility easement dedicated for compatible use,
and does not include Village-owned aerial lines.
SMALL WIRELESS FACILITY or SWF
A wireless facility that meets both of the following qualifications:
(i) each antenna is located inside an enclosure of no more than six
cubic feet in volume or, in the case of an antenna that has exposed
elements, the antenna and all of its exposed elements could fit within
an imaginary enclosure of no more than six cubic feet; and (ii) all
other wireless equipment attached directly to a utility pole associated
with the facility is cumulatively no more than 25 cubic feet in volume.
The following types of associated ancillary equipment are not included
in the calculation of equipment volume: electric meter, concealment
elements, telecommunications demarcation box, ground-based enclosures,
grounding equipment, power transfer switch, cut-off switch, and vertical
cable runs for the connection of power and other services.
SWF ACT
The Illinois Small Wireless Facilities Deployment Act, 50
ILCS 835/1 et seq.
UTILITY POLE
A pole or similar structure that is used in whole or in part
by a communications service provider or for electric distribution,
lighting, traffic control, or a similar function.
WIRELESS FACILITY
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including (i)
equipment associated with wireless communications and (ii) radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration.
Wireless facility includes small wireless facilities. Wireless facility
does not include the structure or improvements on, under, or within
which the equipment is collocated or wireline backhaul facilities,
coaxial or fiber optic cable that is between wireless support structures
or utility poles or coaxial or fiber optic cable that is otherwise
not immediately adjacent to or directly associated with an antenna.
WIRELESS INFRASTRUCTURE PROVIDER
Any entity authorized to provide telecommunications service
in the state that builds or installs wireless communication transmission
equipment, wireless facilities, wireless support structures, or utility
poles and that is not a wireless services provider but is acting as
an agent or a contractor for a wireless services provider for the
application submitted to the Village.
WIRELESS PROVIDER
A wireless infrastructure provider or a wireless services
provider.
WIRELESS SERVICES
Any services provided to the general public, including a
particular class of customers, and made available on a nondiscriminatory
basis using licensed or unlicensed spectrum, whether at a fixed location
or mobile, using wireless facilities.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a monopole; tower, either
guyed or self-supporting; billboard; or other existing or proposed
structure designed to support or capable of supporting wireless facilities.
"Wireless support structure" does not include a utility pole.
(C) Permit required. No SWF may be installed within the Village unless
a permit is first obtained in accordance with the provisions of this
Article 2.
(D) Permit application. All applicants for a permit to install a SWF within the Village must submit a written permit application to the Community Development Director by personal delivery, on a form provided by the Village. The permit application must include the following information and the information required by Section
6-2-4, as applicable:
(1)
Contact information. The names and contact information of the
wireless services provider and the wireless infrastructure provider,
if any.
(2)
Description. A description and depiction of the wireless services
provider's existing SWFs located within the Village.
(3)
Location; photographs. The location where each proposed small
wireless facility or utility pole would be installed, including photographs
of the location and its surroundings, depicting the utility poles
or structures on which each proposed small wireless facility would
be mounted or the location where a utility pole would be installed.
(4)
Specifications; drawings. Specifications and drawings prepared
by a licensed professional structural engineer for each proposed SWF
as it is proposed to be installed, with a certification that each
SWF complies with all applicable size and location standards.
(5)
Structural analysis. A site-specific structural analysis for
each location by a licensed professional structural engineer as well
as any make-ready analysis for a Village utility pole that includes
addressing the acceptability of the site for factors such as pole
loading from existing utility equipment and conductors as well as
the small wireless facility.
(6)
Equipment; model numbers. The equipment type and model numbers
for the antennas and all other wireless equipment associated with
each proposed SWF.
(7)
Number. The total number of SWFs the wireless services provider
estimates it will seek within the Village.
(8)
Schedule. A proposed schedule for the installation and completion
of each proposed SWF, if approved.
(9)
Proof of insurance. Proof of insurance coverage of the types and amount set forth in Section
6-2-8.
(10)
Certification of SWF Act compliance. A certification that the
proposed SWF complies with Subsection 15(d)(6) of the SWF Act and
this Article 2.
(11)
Application fees. An application fee in the amount established
in the Annual Fee Resolution.
(12)
Owner; co-owner certification. A certification from the owner
or co-owner of the utility pole or wireless support structure that
the owner or co-owner has approved installation of a SWF on the utility
pole or wireless support structure.
(13)
Environmental assessment. A copy of an environmental assessment
review or report pursuant to the National Environmental Policy Act
(NEPA), or any related rule or guidance, that establishes compliance
of the proposed SWF to applicable federal standards or that the SWF
is by rule exempt from an environmental impact statements under NEPA.
[Added 2-2-2021 by Ord. No. 2021-3513]
(14)
Diagram/map. A diagram or map as required under Section
6-2-15(A)(7).
[Added 2-2-2021 by Ord. No. 2021-3513]
(E) Review of application. Applications will be reviewed in accordance
with the following process, except that the Community Development
Director may alter the review process for an application as appropriate
based on the elements of that application.
(1)
Determination of completeness. Within 30 days after an application
is filed, the Community Development Director will determine whether
the application is complete. The Community Development Director will
notify the applicant of his or her determination. If an application
is not complete, then the Community Development Director will identify
the missing information.
(2)
Processing time period. The Community Development Director will
process a complete application to collocate (i) a SWF on an existing
utility pole or wireless support structure within 90 days, and (ii)
a SWF on a new utility pole within 120 days.
(3)
Approvals; permits; duration. The Community Development Director
will approve an application and issue a permit if it meets all requirements
of the SWF Act and applicable Village Code requirements. All collocation
under the permit must be completed within 180 days after issuance
of the permit, unless otherwise mutually agreed or for reasons authorized
under the SWF Act. A permit is valid for five years.
(4)
Renewal. When the permit expires, the Village will renew the
permit except if the Village determines the SWF does not conform to
any applicable federal, state, or local code or regulation. The wireless
provider must provide all reports, plans, and other documents and
data necessary for the Village to determine conformance of the SWF.
(5)
Denial. The Community Development Director will deny an application
if it does not meet all requirements of the SWF Act and applicable
requirements of the Village Code. The Community Development Director
will notify the applicant of the denial and the reason or reasons
for the denial.
(6)
Extensions of time. The time period for applications may be
tolled by express written agreement of the applicant and the Village
or a local, state, or federal disaster declaration or similar emergency
that causes the delay.
(F) Guidance on SWF locations. Based on various factors including, among
others, public safety, existing utility poles and wireless facilities,
and potential adverse impacts, the applicant must consider collocation
in these locations, with the items listed from most preferable to
least preferable;
(1)
Public utilities' poles. Utility poles owned or maintained by
ComEd or other public utilities.
(2)
Village poles. Village-owned utility poles other than light
poles or standards (whether existing or to be installed) in the following
order of priority: (i) within an arterial street right-of-way, (ii)
within a parking lot or on other property related to a governmental
or institutional use, and (iii) within a collector street right-of-way.
(3)
Privately owned poles. Privately-owned utility poles, but only
in locations approved by the Village.
(4)
Village light poles. Village-owned light poles or standards
(whether existing or to be installed) in the following priority: (i)
within an arterial street right-of-way, (ii) within a parking lot
or on other property related to a governmental or institutional use,
and (iii) within a collector street right-of-way.
(5)
Other poles. Utility poles, regardless of ownership, located
in a rear yard (or abutting easement) of any residential dwelling.
(G) Decorative utility poles, concealment of SWF. If the Community Development
Director determines that a SWF proposed by the applicant would have
an unduly adverse impact on the abutting area unless the SWF is collocated
on a decorative pole or is concealed, then the Community Development
Director may require, as a condition of approval of that SWF, a decorative
utility pole or concealment. The Community Development Director or
a designee may meet with the applicant to determine the plans for
the SWF under that circumstance. If an agreement on plans cannot be
reached, then the Community Development Director may deny the permit
for that proposed SWF.
(H) Prohibited locations. SWFs are prohibited at the following locations
except as otherwise required by applicable law:
(1)
Residential property: on any property classified in a residential
district under the Village's Zoning Code.
(2)
Private property: on any privately owned property except with
the approval of the Village.
(3)
Government property: on any property owned or controlled by
a unit of local government that is not located within rights-of-way,
except with the permission of the local government and approval of
the Village.
(4)
Poles with equipment: on any utility pole that includes equipment,
such as capacitor banks, transformers, cable terminals, cable rises,
fuses, or disconnects.
(I) Size, height, and location of components.
(1)
Volume. No element of a SWF may exceed six cubic feet in volume
and all other wireless equipment attached directly to a utility pole
associated with the SWF is cumulatively not more than 25 cubic feet.
(2)
Overall height. No element of a SWF may extend above 45 feet
above grade.
(3)
Height above pole. No element of a SWF may extend more than
10 feet above a utility pole or wireless support structure on which
it is collocated.
(4)
New utility pole, wireless support structure height. A new or
replacement utility pole or a new wireless support structure on which
a SWF will be collocated may not exceed the higher of (a) 10 feet
in height above the tallest existing utility pole, other than a utility
pole supporting only wireless facilities, that is in place as of the
date the application is submitted to the Village, that is located
within 300 feet of the new or replacement utility pole or wireless
support structure and that is in the same right-of-way within the
Village, or (b) 45 feet above ground level. No SWF installed on a
new utility pole or wireless support structure may extend above that
forty-five-foot height.
(5)
New utility pole location. No new utility pole may be constructed
for a SWF within 100 feet of an existing utility pole that the applicant
may use on reasonable terms and conditions and without undue technical
limits or undue additional costs.
(J) Color. Antennas and equipment cabinets must be in colors harmonious
with, and that blend with, the utility pole or wireless support structure
to which they are attached, as well as with the natural features,
buildings and structures surrounding such antenna and supporting structures,
as determined by the Community Development Director. Any wiring or
cables must be covered with an appropriate cover.
(K) Landscaping. The immediate area around any ground-mounted equipment
or cabinets must be landscaped in a manner that largely screens the
equipment and cabinets.
(L) Safety requirements.
(1)
Mounting strength. The strength and sufficiency of the support structure, and the mounting of the antenna and related equipment, must be verified and stamped by a licensed structural engineer on the drawing required under Section
6-2-21(D).
(2)
Guy wires prohibited. No guy wire or other support wires may
be used in connection with a SWF antenna or its related equipment
except for preexisting guy wires or other support wires on a preexisting
wireless support structure.
(3)
Grounding. A SWF antenna and related structure must be bonded
to a ground rod.
(4)
Emergency disconnection. A SWF antenna must have an emergency
disconnect.
(5)
Lighting. No SWF may be lighted unless required by the Federal
Aviation Administration or other federal or state agency with jurisdiction
and authority.
(6)
Signs and advertising. Unless required by federal or state law,
or by a rule of a federal or state regulatory agency with jurisdiction
and authority, no markings, signs, or advertising of any kind may
be placed on any SWF component except unobtrusive identification or
location markings.
(7)
Building codes and safety standards. A SWF must meet or exceed
(1) all requirements of this Code, (2) all other applicable local
and state building codes and electrical codes, and (3) industry standards.
(8)
Regulatory compliance. Each SWF and wireless facility must meet
or exceed current standards and regulations of the Federal Communications
Commission, the Federal Aviation Administration, and any other federal
or state agency with jurisdiction and authority.
(9)
Utility worker safety. Prior to the commencement of SWF construction,
the wireless provider must provide the Village with any required safety
precautions for individuals working on or near the SWF. If refresher
training, personal protective equipment, or tools are required for
safety purposes related to a SWF collocated on a Village-owned utility
pole, then the wireless services provider must reimburse the Village
for all of its actual costs of those elements.
(M) IDOT, Cook County approvals. The applicant must provide proof of
concurrence of IDOT or Cook County for the use of traffic signals
located on state or county roads.
(N) Abandonment. Any SWF that has been abandoned or is being used for
a purpose other than its original purpose must be removed at the owner's
expense. Abandonment includes, without limitation, any SWF that is
not operated for a continuous period of 12 months, or is otherwise
out of operation or repair for any reason, or used for a purpose other
than its original purpose. Notice to the owner of the facility must
be given in compliance with the requirements of the SWF Act, and the
owner must remove the facility within 90 days of such notice.
(O) Collocation on Village utility poles.
(1)
Rates and fees for use of Village utility pole. The Village
will set and charge nondiscriminatory rates and fees for collocation
on Village utility poles. The Village will keep a written schedule
of rates and fees in the office of the Village Clerk.
(2)
Annual rate. In addition to the rates and fees for collocation,
each wireless services provider must pay an annual fee as established
in the Annual Fee Resolution for each SWF located on a Village utility pole in the
right-of-way or on Village property not located in the right-of-way.
(3)
Operating agreement. Prior to commencement of SWF construction
on a Village-owned utility pole, the owner must develop an operating
agreement satisfactory to the Community Development Director. The
agreement must include protocols for emergency response and for maintenance
of the utility pole and include emergency contacts, a contact for
public inquires, the utility billing address, and the legal address
of the wireless services provider.
(P) SWF equipment replacement. The wireless provider must notify the
Village at least 10 days prior to a planned equipment replacement
and provide the equipment specifications. The replacement equipment
must be the same size and/or smaller than the original installation.
(Q) Right-of-way permit. The wireless provider must secure a permit for
any activities in the right-of-way that affect traffic patterns or
require lane closures.
(R) General standards.
(1)
No interference. Every wireless provider's operation of a wireless
facility must not interfere with the frequencies used by any public
safety agency for public safety communications. The wireless provider
must install SWFs of the type and frequency that will not cause interference
with any public safety agency's communications equipment. Unacceptable
interference will be determined by and measured in accordance with
industry standards and the FCC's regulations addressing unacceptable
interference to public safety spectrum or any other spectrum licensed
by a public safety agency.
(2)
Curing interference. If a SWF causes interference and the wireless
provider has been given written notice of the interference by the
Village or public safety agency, then the wireless provider, at its
expense, must take all reasonable steps necessary to correct and eliminate
the interference, including, without limitation, powering down the
SWF and later powering it up for intermittent testing, if necessary.
The Village may terminate a permit for a SWF based on interference
if the wireless provider is not making a good faith effort to remedy
the problem in a manner consistent with the abatement and resolution
procedures for interference with public safety spectrum established
by the FCC, including 47 CFR 22.970 through 47 CFR 22.973 and 47 CFR
90.672 through 47 CFR 90.675.
(3)
Compliance with contract terms. Every wireless provider must
comply with all requirements imposed by a contract between the Village
and a private property owner that concern design or construction standards
applicable to utility poles and to ground-mounted equipment located
in the right-of-way.
(4)
Spacing. Every wireless provider must comply with spacing requirements
in this section or any other applicable Village code or ordinance
concerning the location of ground-mounted equipment located in the
right-of-way. A wireless provider may apply for a variation of a spacing
requirement.
(5)
Undergrounding. Every wireless provider must comply with all
Village codes and regulations regarding undergrounding of utilities
and facilities that prohibit installation of new, or modification
of existing, utility poles in a right-of-way. A wireless provider
may apply for a variation of an undergrounding requirement.
(6)
General Village standards. Every wireless provider must comply
with generally applicable Village standards for construction and public
safety in the rights-of-way, including, without limitation, wiring
and cabling requirements, grounding requirements, utility pole extension
requirements, and sign restrictions. Every wireless provider must
comply with all Village regulations applicable to the location, size,
surface area and height of wireless facilities and the abandonment
and removal of SWFs.
(7)
Poles for electricity distribution. No wireless services provider
may collocate a SWF on a Village utility pole that is part of an electricity
distribution or transmission system within the communication worker
safety zone of the pole or the electric supply zone of the utility
pole, except that the antenna and support equipment of the SWF may
be located in the communications space on the Village's utility pole
and on the top of the utility pole if no other utility pole is available
and the wireless provider complies with applicable codes for work
involving the top of the utility pole. The terms "communications space,"
"communication worker safety zone," and "electric supply zone" shall
have the meanings contained in the National Electric Safety Code.
(8)
Public safety codes. Every wireless provider must comply with
all applicable state, county, and Village codes, ordinances, and regulations
that concern public safety.
(9)
Decorative, stealth, and concealment standards. Every wireless
provider must comply with the Village's generally applicable written
standards for decorative utility poles, and the Village's generally
applicable standards regarding stealth, concealment, and aesthetics
governing occupiers of the right-of-way, including the Village's design
or concealment measures in an historic district or regarding an historic
landmark.
(10)
Insurance. Every wireless provider must provide insurance as provided in Section
6-2-8 of this Article 2.
(11)
Indemnification. Every wireless provider must indemnify the Village as provided in Section
6-2-9 of this Article 2.
(S) Installation and maintenance of wireless facilities. Each wireless
provider must construct, install, and maintain all wireless facilities
in accordance with the standards set forth in this Article 2.
As a condition precedent to the issuance of a permit as provided
herein, all permittees are required to send written notification via
certified mail, return receipt requested, to all owners of properties
abutting or adjacent to the area (the "affected residents") where
the proposed work is to be commenced. Said notification shall set
forth the name of the entity seeking the permit, the scope of the
proposed work, and the time frame in which said work is to be completed.
Pursuant to said notification, and not less than 10 days prior to
the commencement of construction, the licensee shall set a time and
place within the Village for a meeting with the affected residents
to explain the nature of the work to be done, and to answer any questions
relating thereto. The licensee shall participate in said meeting in
good faith, and shall attempt to address all reasonable concerns of
the affected residents.
Any person who violates, disobeys, omits, neglects or refuses
to comply with any of the provisions of this Article 2 shall be subject
to a fine in accordance with the penalty provisions of this Code.
There may be times when the Village will incur delay or other costs,
including third party claims, because the utility will not or cannot
perform its duties under its permit and this Article 2. Unless the
utility shows that another allocation of the cost of undertaking the
requested action is appropriate, the utility shall bear the Village's
costs of damages and its costs of installing, maintaining, modifying,
relocating, or removing the facility that is the subject of the permit.
No other administrative agency or commission may review or overrule
a permit-related cost apportionment of the Village. Sanctions may
be imposed upon a utility that does not pay the costs apportioned
to it.
Nothing in this Article 2 shall be construed as limiting any
additional or further remedies that the Village may have for enforcement
of this Article 2.