[HISTORY: Adopted by the City Council of the City of Crystal Lake 7-17-2018 by Ord. No. 7487. Amendments noted where applicable.]
Purpose. The purpose of this chapter is to establish regulations, standards, and procedures for the siting and collocation of small wireless facilities on rights-of-way within the City's jurisdiction and outside such rights-of-way on property zoned by the City exclusively for commercial or industrial use, in a manner that is consistent the Small Wireless Facilities Deployment Act, Public Act 100-0585 and applicable federal law and regulations.
[Amended 1-15-2019 by Ord. No. 7536]
Conflicts with other ordinances. This chapter supersedes all ordinances or parts of ordinances adopted prior hereto that are in conflict herewith, to the extent of such conflict. Notwithstanding the preceding sentence, to the extent that other ordinances can be applied in conformity with Public Act 100-0585 that are more restrictive or demanding than the provisions of this chapter, the requirements of such other ordinance must also be satisfied.
Conflicts with state and federal laws. In the event that applicable federal or state laws or regulations conflict with the requirements of this chapter, the wireless provider shall comply with the requirements of this chapter to the maximum extent possible without violating federal or state laws or regulations.
For purposes of this chapter, the following terms shall have the following meanings:
- Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
- APPLICABLE CODES
- Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes, including the National Electrical Safety Code.
- Any person who submits an application and is a wireless provider.
- A request submitted by an applicant to the City for a permit to collocate small wireless facilities, and a request that includes the installation of a new utility pole for such collocation, as well as any applicable fee for the review of such application.
- CITY UTILITY POLE
- A utility pole owned by the City in public rights-of-way.
- COLLOCATE or COLLOCATION
- To install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole.
- COMMUNICATIONS SERVICE
- Cable service, as defined in 47 U.S.C. § 522(6), as amended; information service, as defined in 47 U.S.C. § 153(24), as amended; telecommunications service, as defined in 47 U.S.C. § 153(53), as amended; mobile service, as defined in 47 U.S.C. § 153(33), as amended; or wireless service other than mobile service.
- COMMUNICATIONS SERVICE PROVIDER
- A cable operator, as defined in 47 U.S.C. § 522(5), as amended; a provider of information service, as defined in 47 U.S.C. § 153(24), as amended; a telecommunications carrier, as defined in 47 U.S.C. § 153(51), as amended; or a wireless provider.
- COVERED FACILITY
- A small wireless facility that is collocated:
- The Federal Communications Commission of the United States.
- FEDERALLY DEFINED FACILITY
- Any facility meeting the definition of "small wireless facilities"
set forth in 47 CFR 1.6002 that is expressly identified as a "federally
defined facility" in a small wireless facility permit application.[Added 1-15-2019 by Ord. No. 7536]
- A one-time charge.
- HISTORIC DISTRICT or HISTORIC LANDMARK
- A building, property, or site, or group of buildings, properties, or sites that are either:
- A. Listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the National Register, in accordance with Section VI.D.1.a.i through Section VI.D.1.a.v of the Nationwide Programmatic Agreement codified at 47 CFR Part 1, Appendix C; or
- B. Designated as a locally landmarked building, property, site, or historic district by an ordinance adopted by the City pursuant to a preservation program that meets the requirements of the Certified Local Government Program of the Illinois State Historic Preservation Office or where such certification of the preservation program by the Illinois State Historic Preservation Office is pending.
- A federal or state statute, common law, code, rule, regulation, order, or local ordinance or resolution.
- 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.
- An individual, corporation, limited-liability company, partnership, association, trust, or other entity or organization, including a governmental agency or authority.
- PUBLIC SAFETY AGENCY
- The functional division of the federal government, the state, a unit of local government, or a special purpose district located in whole or in part within this state, that provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services to respond to and manage emergency incidents.
- A recurring charge.
- The area on, below, or above a public roadway, highway, street, public sidewalk, alley, or utility easement dedicated for compatible use that is within the City's jurisdiction. "Right-of-way" does not include City-owned aerial lines.
- SMALL WIRELESS FACILITY
- 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 28 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.[Amended 1-15-2019 by Ord. No. 7536]
- 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: (i) the structure or improvements on, under, or within which the equipment is collocated; or (ii) 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 person 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 City.
- 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, provided using wireless facilities.
- WIRELESS SERVICES PROVIDER or WIRELESS PROVIDER
- A person who provides wireless services.
- 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.
Use. Covered facilities shall be deemed permitted uses subject to administrative review (except as otherwise provided with respect to variances and appeals) and not subject to zoning review or approval. Any small wireless facilities other than a covered facility shall be subject to the zoning regulations set forth in the City's Unified Development Ordinance, the regulations regarding construction of facilities in rights-of-way set forth in Chapter 427 of the City Code, and all other applicable City ordinances and other local, state, and federal laws; provided, however that any application to deploy one or more federally defined facilities within the City shall be processed in accordance with § 428-3B(10) and shall be subject to the application fees set forth in § 428-3C(2).
[Amended 1-15-2019 by Ord. No. 7536]
Permit required. No person shall install, or cause to be installed, a covered facility within the City without first obtaining a City small wireless facility permit (a "permit"). Permits and applications for permits shall be subject to the following standards, procedures, and requirements:
Requirements and conditions.
No portion of a covered facility shall extend more than 10 feet above the utility pole or wireless support structure to which it is attached.
Any new utility pole or wireless support structure within a right-of-way shall not exceed the higher of:
Ten feet in height above the tallest utility pole in existence as of June 1, 2018 (other than a utility pole supporting only wireless facilities) 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 jurisdictional boundary of the City, provided the City may designate which intersecting right-of-way within 300 feet of the proposed utility pole or wireless support structures shall control the height limitation for such facility; or
Forty-five feet above ground level.
Any new utility pole or wireless support structure located on a property outside the right-of-way shall not exceed 45 feet in height.
Public safety space reservation. The City may reserve space on City utility poles for future public safety uses and City utility uses. No permit shall be issued for such poles unless the City determines, in its reasonable discretion, that the pole can accommodate both the proposed covered facility and the City or public safety uses for which space is used or reserved.
No public safety interference. A wireless provider's operation of covered facilities shall not interfere with the frequencies used by a public safety agency for public safety communications. 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.
If a small wireless facility causes such interference, and the wireless provider has been given written notice of the interference by the public safety agency, the wireless provider, at its own expense, shall remedy the interference 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.
The City may terminate a permit for a small wireless facility based on such interference if the wireless provider is not in compliance with the Code of Federal Regulations cited in the previous subsection. Failure to remedy the interference as required herein shall constitute a public nuisance.
Contract requirements. The wireless provider shall comply with requirements that are imposed by any contract between the City and a private property owner that concern design or construction standards applicable to utility poles and ground-mounted equipment located in the right-of-way.
Spacing. No new utility pole, wireless support structure, or ground-mounted equipment associated with one or more covered facilities located in the public right-of-way may be installed within 600 feet of another utility pole, wireless support structure, or ground-mounted equipment.
Undergrounding. No new utility poles or wireless support structures may be installed in a right-of-way in violation of any undergrounding requirements established by City ordinance.
Construction and public safety standards. For installation of covered facilities in rights-of-way, the wireless provider shall comply with all applicable City ordinances establishing construction, location, and public safety standards for work within the right-of-way, including, but not limited to, Chapter 427 of the City Code. For covered facility installations on private commercial or industrial property, the wireless provider shall comply with all applicable City ordinances establishing construction and safety standards for building improvements, including, but not limited to, Chapter 187 of the City Code.
Signs. No signs (as defined in the City Code and Unified Development Ordinance) may be erected on any covered facility or utility pole except for signs required by law, ordinance, or regulation. The content and size of any such sign shall not exceed the requirements of the law, ordinance, or regulation pursuant to which such sign is erected.
Electric transmission poles.
The wireless provider shall not collocate small wireless facilities on City utility poles that are part of an electric distribution or transmission system within the communication worker safety zone of the pole or the electric supply zone of the pole. Small wireless facility antennas and support equipment may be located only in the communications space on the City utility pole and on the top of the pole to the extent that such space is available and subject to compliance with all applicable laws.
Public safety. The wireless provider shall comply with all applicable federal, state, and local codes and other laws that concern public safety.
Design standards. The wireless provider shall comply with the following design standards:
No covered facility shall be installed or maintained on a wireless support structure or utility pole at a height less than 15 feet above the adjacent grade.
The orientation of covered facilities shall be consistent with the orientation of existing utility equipment installed on the same utility pole and other utility poles in the nearby area. Such covered facilities shall be painted, textured, and designed in a manner consistent with the utility pole's style, color, texture and materials and otherwise camouflaged and designed to blend in with the existing utility pole such that the attached covered facility is no more readily apparent or plainly visible (as reasonably determined by the City's Director of Public Works) than the existing utility equipment located on the utility pole. Further, if the utility pole is visible (at ground level) from and within 50 feet of any residential structure, covered facilities shall be concealed or screened by means of canisters, radomes, shrouds or other similar concealment enclosures, which shall be flush-mounted to the utility pole and painted, textured, and designed in a manner consistent with the utility pole's style, color, texture and materials and otherwise camouflaged and designed to blend in with the existing utility pole.
Cables and other wiring serving a covered facility located on a wireless support structure or utility pole shall be enclosed in conduit flush mounted to the support structure or utility pole. Conduit shall be finished to match the materials, texture, and color of the subject support structure or utility pole.
Ground-based enclosures for equipment to be utilized in connection with covered facilities shall be located no closer than five feet to the edge of any pavement on a street with curbing, and no closer than 10 feet to the edge of any pavement on a street without curbing. In no event shall such ground-based enclosures be located within a drainage ditch. Additionally, a ground-based enclosure shall not be located closer than three feet to a pedestrian facility.
No covered facility shall be located on a wireless support structure or utility pole in a manner that interferes with the operation or functionality of such utility pole or preexisting uses of such support structure or utility pole. For any utility pole providing lighting, the installation of the covered facility cannot impair the distribution of light from such pole.
Historic districts and landmarks.
Except for facilities excluded from evaluation for effects on historic properties under 47 CFR 1.1307(a)(4), covered facilities in an historic district or on an historic landmark shall comply with all applicable design and concealment requirements established for such historic district or historic landmark.
Such design and concealment measures shall not be considered a part of the covered facility for purposes of the size restrictions of a small wireless facility. This subsection may not be construed to limit the City's enforcement of historic preservation in conformance with the requirements adopted pursuant to the Illinois State Agency Historic Resources Preservation Act or the National Historic Preservation Act of 1966, 54 U.S.C. § 300101 et seq., and the regulations adopted to implement those laws.
The Director of Public Works, in consultation with the City Engineer, shall be authorized to develop and amend from time to time a City of Crystal Lake Right-of-Way Design Manual setting forth guidelines for the implementation and administration of this Chapter 428, consistent with the purposes and requirements set forth herein. All covered facilities constructed in rights-of-way pursuant to this chapter shall comply with the City of Crystal Lake Right-of-Way Design Manual unless otherwise required by applicable law.
[Added 7-2-2019 by Ord. No. 7556]
Application. An application for a permit must be submitted in the form designated by the City Manager and shall include the following information:
The location where each proposed small wireless facility or utility pole would be installed and photographs of the location and its immediate surroundings depicting the utility poles or structures on which each proposed small wireless facility would be mounted, the location where any new utility poles or structures would be installed, and a rendering of the proposed small wireless facility and/or utility pole in the proposed location;
The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility;
A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved;
Evidence of the applicant's right to utilize the structure on which the small wireless facilities are to be collocated;
All applicable fees and rates related to such application; and
Certification that the collocation complies all requirements of this Chapter.
Completeness of application. Within 30 days after receiving an application other than an application relating to a federally defined facility, the City shall determine whether the application is complete and notify the applicant. If an application is incomplete, the City's notice to the applicant shall identify the missing information. Processing deadlines shall be tolled from the time the City sends the notice of incompleteness to the time the applicant provides the missing information.
[Amended 1-15-2019 by Ord. No. 7536]
Application process. The City shall process applications as follows:
Applications for collocation of covered facilities on existing utility poles or structures. An application to collocate a covered facility other than a federally defined facility on an existing utility pole or wireless support structure shall be processed within 90 days after the delivery of a completed application. No such application shall be deemed approved unless the applicant has provided notice of intent to proceed on a "deemed approved" basis in accordance with state law.
[Amended 1-15-2019 by Ord. No. 7536]
Applications for collocation of covered facilities on new utility poles or structures. An application to collocate a covered facility other than a federally defined facility that includes the installation of a new utility pole shall be processed within 120 days after the delivery of a completed application. No such application shall be deemed approved unless the applicant has provided notice of intent to proceed on a "deemed approved" basis in accordance with state law.
[Amended 1-15-2019 by Ord. No. 7536]
Review and approval or denial; alternate placements. The City shall approve a permit application if the application meets all requirements of this chapter and all other applicable local, state, and federal laws; provided, however, that the City may impose reasonable conditions (which conditions shall be final unless the applicant appeals pursuant to § 428-7); provided further that with respect to an application for the collocation of a covered facility on a new utility pole, the City may propose that the covered facility be collocated on an existing utility pole or existing wireless support structure within 100 feet of the location proposed by the applicant. The applicant shall accept such alternate location if it has the right to use the alternate structure on reasonable terms and conditions, and the alternate location and structure does not impose technical limits or additional material costs. If the applicant does not accept the alternate location, then it shall provide to the City a written certification describing the property rights, technical limits, or material cost reasons the alternate location does not satisfy the criteria in this subsection.
If an applicant proposes to collocate a covered facility on an existing utility pole or wireless support structure, and the City determines that such utility pole or wireless support structure must be replaced to accommodate the proposed collocation, then approval may be conditioned on replacement of such utility pole or wireless support structure at the applicant's cost.
If a permit application is denied, then the City shall provide the applicant with notice that specifies the basis for the denial, including the specific code provisions or application conditions on which the denial was based, and send such notice to the applicant on or before the day the City denies the application; provided, however, that an applicant shall have the right to appeal any denial pursuant to § 428-7.
The applicant may cure the deficiencies identified by the City and resubmit the revised application once within 30 days after notice of denial is sent to the applicant without paying an additional application fee if the cure does not require review of a new location, new or different structure to be collocated upon, new antennas, or other wireless equipment associated with the small wireless facility. The City shall approve or deny the revised application within 30 days after the applicant resubmits the application in accordance with the provisions of this Subsection B(4)(c). No such application shall be deemed approved unless the applicant has provided notice of intent to proceed on a "deemed approved" basis in accordance with state law.
Consolidated applications. An applicant seeking to collocate multiple covered facilities within the City's jurisdiction may file a consolidated application and receive a single permit for: (i) the collocation of up to 25 small wireless facilities if the collocations each involve substantially the same type of small wireless facility and substantially the same type of structure; or (ii) the deployment of multiple federally defined facilities.
[Amended 1-15-2019 by Ord. No. 7536]
The City may remove covered facility collocations from the application and treat separately small wireless facility collocations for which incomplete information has been provided or that do not qualify for consolidated treatment or that are denied. The City may issue separate permits for each collocation that is approved in a consolidated application.
Collocation completion deadline. Collocation for which a permit is granted shall be completed within 180 days after issuance of the permit, unless the City and the wireless provider agree to extend this period or a delay is caused by make-ready work for a City utility pole or by the lack of commercial power or backhaul availability at the site, provided the wireless provider has made a timely request within 60 days after the issuance of the permit for commercial power or backhaul services, and the additional time to complete installation does not exceed 360 days after issuance of the permit. Otherwise, the permit shall be void unless the City grants an extension in writing to the applicant.
Duration of permits.
The duration of a permit shall be for a period of five years, and the permit may be renewed for equivalent durations unless the City makes a finding that the covered facilities or the new or modified utility pole does not comply with the applicable codes or local code provisions or regulations in this chapter.
Means of submitting applications. Applicants shall be deemed to have submitted applications if presented on City-designated forms, along with all necessary and appropriate supporting information, by personal delivery or five days after postmarked if sent by regular mail, all addressed to the City Hall. All other notices may be sent by personal delivery or postmarked on the date due, or by any other commonly used means, including electronic mail, as required or permitted by the City.
Special procedures for applications for deployment of federally defined facilities. An application for deployment of one or more federally defined facilities within the City shall not be subject to the processing times provided in § 428-3B(3) and (4)(a) and (b) above and, instead, shall be processed as follows, provided that the applicant expressly identifies the facility as a "federally defined facility" in its application:
[Added 1-15-2019 by Ord. No. 7536]
Within 10 days after receiving an application for deployment of a federally defined facility, the City shall determine whether the application is complete and, if it is incomplete, send the applicant a notice that specifically identifies: (i) the missing documents or information, and (ii) the specific rule or regulation that creates the obligation to submit such documents or information. In that event, processing deadlines shall restart at zero on the date on which the applicant submits all the documents and information identified by the City to render the application complete. For any subsequent determinations of incompleteness, the City shall notify the applicant within 10 days after the applicant's incomplete supplemental submission, and processing deadlines shall be tolled from the time the City sends such notice to the time the applicant provides the missing information. Nothing in this Subsection shall preclude the City from determining, at any time, that an application incorrectly identifies a facility as a "federally defined facility."
The City shall process an application to collocate a federally defined facility on an existing structure within 60 days after delivery of a complete application as provided in Subsection B(10)(a), plus the number of days of any tolling period.
The City shall process an application to deploy a federally defined facility using a new structure within 90 days after delivery of a complete application as provided in Subsection B(10)(a), plus the number of days of any tolling period.
The City shall process a batched or consolidated application:
Application fees. The following fees shall apply to all permit applications, and no permit application shall be deemed complete unless it is accompanied by the applicable fee:
[Amended 1-15-2019 by Ord. No. 7536]
For all covered facilities other than federally defined facilities:
Applicant shall pay an application fee of $650 for an application to collocate a single covered facility on an existing utility pole or wireless support structure and $350 for each small wireless facility addressed in a consolidated application to collocate more than one covered facility on existing utility poles or wireless support structures.
Applicant shall pay an application fee of $1,000 for each covered facility addressed in an application that includes the installation of a new utility pole or wireless support structure.
For federally defined facilities:
Applicant shall pay an application fee of $500 for an application to collocate up to five federally defined facilities on an existing utility pole or wireless support structure, plus $100 for each additional federally defined facility addressed in a consolidated application to collocate more than five federally defined facilities on existing utility poles or wireless support structures.
For an application that includes the installation of a new utility pole or wireless support structure intended to support one or more federally defined facilities, applicant shall pay an application fee of $1,000 for each such proposed new pole or structure.
Exceptions; limitations; additional provisions.
The City shall not require an application, approval, or permit, or require any fees or other charges, from a communications service provider authorized to occupy the rights-of-way for:
The replacement of covered facilities with covered facilities that are substantially similar, the same size, or smaller if the wireless provider notifies the City at least 10 days prior to the planned replacement and includes equipment specifications for the replacement of equipment consistent with the requirements of Subsection B(2)(d) of this section; or
The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables that are strung between existing utility poles in compliance with applicable safety codes.
However, the City may require a permit to work within rights-of-way for activities that affect traffic patterns or require lane closures.
Nothing in this chapter authorizes a person to collocate small wireless facilities on:
Property owned by a private party or property owned or controlled by the City or another unit of local government that is not located within rights-of-way, or a privately owned utility pole or wireless support structure without the consent of the property owner;
Property owned, leased, or controlled by a park district, forest preserve district, or conservation district for public park, recreation, or conservation purposes without the consent of the affected district or facilities on rights-of-way that are under the jurisdiction and control of a different unit of local government as provided by the Illinois Highway Code; or
Property owned by a rail carrier registered under Section 18c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or any other public commuter rail service, or an electric utility as defined in Section 16-102 of the Public Utilities Act, without the consent of the rail carrier, public commuter rail service, or electric utility. The provisions of this chapter do not apply to an electric or gas public utility or such utility's wireless facilities if the facilities are being used, developed, and maintained consistent with the provisions of Subsection (i) of Section 16-108.5 of the Public Utilities Act.
For the purposes of this subsection, "public utility" has the meaning given to that term in Section 3-105 of the Public Utilities Act. Nothing in this chapter shall be construed to relieve any person from any requirement:
To obtain a franchise or a state-issued authorization to offer cable service or video service; or
To obtain any required permission to install, place, maintain, or operate communications facilities, other than small wireless facilities subject to this chapter.
Editor's Note: See 220 ILCS 5/3-105.
Existing agreements grandfathered for existing locations. Agreements between the City and wireless providers that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on City utility poles, that are in effect on June 1, 2018, shall remain in effect for small wireless facilities collocated on City utility poles pursuant to applications submitted to the City before June 1, 2018, subject to applicable termination provisions.
Annual recurring rate.
Provided that an application for a covered facility is accompanied by a supplemental application as designated by the City Manager for collocating such covered facilities on a City utility pole, a wireless provider shall pay an annual recurring rate to collocate a covered facility on a City utility pole located in a right-of-way equal to:
Rates for collocation on City utility poles or wireless support structures located outside of a right-of-way are not subject to these limitations.
Aerial facilities. For City utility poles that support aerial facilities used to provide communications services or electric service, wireless providers shall comply with the process for make-ready work under 47 U.S.C. § 224 and its implementing regulations.
Abandonment. A small wireless facility that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of the facility must remove the small wireless facility within 90 days after receipt of written notice from the City notifying the owner of the abandonment. The notice shall be sent by certified or registered mail, return receipt requested, by the City to the owner at the last known address of the owner. If the small wireless facility is not removed within 90 days of such notice, the City may remove or cause the removal of such facility pursuant to the terms of any pole attachment agreement for City utility poles or through whatever actions are provided for abatement of nuisances or by other law for removal and cost recovery.
Sale or transfer. A wireless provider shall provide written notice to the City if it sells or transfers small wireless facilities within the jurisdictional boundary of the City. Such notice shall include the name and contact information of the new wireless provider.
A wireless provider shall indemnify and hold the City harmless against any and all liability or loss from personal injury or property damage resulting from or arising out of, in whole or in part, the use or occupancy of the City improvements or right-of-way associated with such improvements by the wireless provider or its employees, agents, or contractors arising out of the rights and privileges granted under this chapter and PA 100-0585. A wireless provider has no obligation to indemnify or hold harmless against any liabilities and losses as may be due to or caused by the sole negligence of the City or its employees or agents. A wireless provider shall further waive any claims that it may have against the City with respect to consequential, incidental, or special damages, however caused, based on the theory of liability.
A wireless provider shall carry, at the wireless provider's own cost and expense, the following insurance: (i) property insurance for its property's replacement cost against all risks; (ii) workers' compensation insurance, as required by law; or (iii) commercial general liability insurance with respect to its activities on the City improvements or rights-of-way to afford minimum protection limits consistent with its requirements of other users of City improvements or rights-of-way (including coverage for bodily injury and property damage) as determined by the City Manager, or such minimum coverages and maximum deductibles on such policies as may be established from time-to-time by ordinance or resolution of the City.
The wireless provider shall include the City and its officers, officials, employees, agents, attorneys, and representatives as an additional insured on the commercial general liability policy and provide certification and documentation of inclusion of the City in a commercial general liability policy as reasonably required by the City prior to, and as a condition of, issuance of a permit.
A wireless provider may request a variance from one or more of the provisions of this chapter by submitting a written request to the City's Director of Public Works as part of a permit application. The request shall identify each provision of this chapter from which a variance is requested and the reasons why a variance should be granted.
The City's Director of Public Works shall decide whether a variance is authorized for each provision of this chapter identified in the variance request on an individual basis.
The City's Director of Public Works may authorize a variance only if the wireless provider requesting the variance has demonstrated that:
One or more conditions not under the control of the wireless provider create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and
All other designs, methods, materials, locations or facilities that would conform to the provision from which a variance is requested are impracticable in relation to the requested approach.
As a condition for authorizing a variance, the City's Director of Public Works may require the wireless provider requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this chapter but which carry out the purposes of this chapter.
Any wireless provider aggrieved by any order, requirement, decision or determination, including denial of or conditions established in connection with a permit, variance, or other approval, made by the City's Director of Public Works under the provisions of this chapter may seek a review of such order, requirement, decision or determination by filing a request for review thereof with the City Manager, within 30 days after the notification of the order, requirement, decision or determination. The request for review shall set forth in detail the basis for the request. The City Manager shall thereafter consider the request for review, determine whether the order, requirement, decision or determination should be affirmed, modified, modified with conditions, or reversed, and provide a written determination thereof. If such wireless provider seeks further review of the order, requirement, decision or determination, such wireless provider shall file a request to appeal the determination of the City Manager with the City Clerk within 30 days after mailing of the determination by the City Manager; such appeal shall be considered by the City Council based on the relevant facts available regarding the order, requirement, decision or determination in question and the materials presented in connection with the request for appeal, as well as materials presented in connection with the Manager's review provided under this section. The determination of the City Council shall be a final decision for purposes of the Administrative Review Law, 735 ILCS 5/3-101 et seq.
If any provision of this chapter or the application thereof to any person or circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this chapter is severable.