For purposes of this chapter, the following terms shall have
the following meanings:
ANTENNA
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.
APPLICANT
Any person who submits an application and is a wireless provider.
APPLICATION
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.
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:
A.
In a right-of-way in any zoning district; or
B.
Outside rights-of-way in property zoned exclusively for commercial
or industrial use.
FCC
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]
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.
LAW
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.
PERSON
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.
RIGHT-OF-WAY
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 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.
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.
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.