[HISTORY: Adopted by the City Council of the City of Crystal
Lake 7-17-2018 by Ord. No. 7487. Amendments noted where applicable.]
A.
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]
B.
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.
C.
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.
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.
A utility pole owned by the City in public rights-of-way.
To install, mount, maintain, modify, operate, or replace
wireless facilities on or adjacent to a wireless support structure
or utility pole.
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.
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.
A small wireless facility that is collocated:
The Federal Communications Commission of the United States.
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.
A building, property, or site, or group of buildings, properties,
or sites that are either:
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
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.
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.
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.
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]
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.
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.
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.
A wireless infrastructure provider or a wireless services
provider.
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.
A person who provides wireless services.
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.
A.
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,[1] 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]
B.
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:
(1)
Requirements and conditions.
(a)
Height limitations.
[1]
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.
[2]
Any new utility pole or wireless support structure within a
right-of-way shall not exceed the higher of:
[a]
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
[b]
Forty-five feet above ground level.
[3]
Any new utility pole or wireless support structure located on
a property outside the right-of-way shall not exceed 45 feet in height.
(b)
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.
(c)
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.
[1]
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.
[2]
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
Electric transmission poles.
[1]
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.
(j)
Public safety. The wireless provider shall comply with all applicable
federal, state, and local codes and other laws that concern public
safety.
(k)
Design standards. The wireless provider shall comply with the
following design standards:
[1]
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.
[2]
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.
[3]
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.
[4]
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.
[5]
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.
(l)
Historic districts and landmarks.
[1]
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.
[2]
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.
(m)
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]
(2)
Application. An application for a permit must be submitted in the
form designated by the City Manager and shall include the following
information:
(b)
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;
(d)
The equipment type and model numbers for the antennas and all
other wireless equipment associated with the small wireless facility;
(e)
A proposed schedule for the installation and completion of each
small wireless facility covered by the application, if approved;
(f)
Evidence of the applicant's right to utilize the structure
on which the small wireless facilities are to be collocated;
(g)
All applicable fees and rates related to such application; and
(h)
Certification that the collocation complies all requirements
of this Chapter.
(3)
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]
(4)
Application process. The City shall process applications as follows:
(a)
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]
(b)
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]
(c)
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.
[1]
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.
[2]
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.
[3]
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.
(6)
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]
(a)
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.
(7)
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.
(8)
Duration of permits.
(a)
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.
(9)
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.
(10)
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]
(a)
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."
(b)
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.
(c)
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.
C.
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]
(1)
For all covered facilities other than federally defined facilities:
(a)
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.
(b)
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.
(2)
For federally defined facilities:
(a)
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.
(b)
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.
D.
Exceptions; limitations; additional provisions.
(1)
Exceptions.
(a)
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:
[1]
Routine maintenance;
[2]
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
[3]
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.
(b)
However, the City may require a permit to work within rights-of-way
for activities that affect traffic patterns or require lane closures.
(2)
Limitations.
(a)
Nothing in this chapter authorizes a person to collocate small
wireless facilities on:
[1]
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;
[2]
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
[3]
Property owned by a rail carrier registered under Section 18c-7201
of the Illinois Vehicle Code,[5] 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,[6] 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.[7]
(b)
For the purposes of this subsection, "public utility" has the
meaning given to that term in Section 3-105 of the Public Utilities
Act.[8] Nothing in this chapter shall be construed to relieve
any person from any requirement:
[1]
To obtain a franchise or a state-issued authorization to offer
cable service or video service; or
[2]
To obtain any required permission to install, place, maintain,
or operate communications facilities, other than small wireless facilities
subject to this chapter.
[8]
Editor's Note: See 220 ILCS 5/3-105.
(3)
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.
(4)
Annual recurring rate.
(a)
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:
(b)
Rates for collocation on City utility poles or wireless support
structures located outside of a right-of-way are not subject to these
limitations.
(5)
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.
(6)
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.
(7)
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.
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.
B.
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.
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.
B.
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.
C.
The City's Director of Public Works may authorize a variance
only if the wireless provider requesting the variance has demonstrated
that:
(1)
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
(2)
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.
D.
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.
