[HISTORY: Adopted by the City Council of the City of Lexington
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-23-2018 by Ord. No. 2018-5]
A.
Purpose. The purpose of this article is to establish regulations,
standards and procedures for the siting and co-location of small wireless
facilities on rights-of-way within the City's jurisdiction, or
outside the rights-of-way on property zoned by the City exclusively
for commercial or industrial use, in a manner that is consistent with
the Act.[1]
[1]
Editor's Note: See 50 ILCS 840/1 et seq.
B.
Conflicts with other ordinances. This article supersedes all ordinances
or parts of ordinances adopted prior hereto that are in conflict herewith,
to the extent of such conflict.
C.
Conflicts with state and federal laws. In the event that applicable
federal or state laws or regulations conflict with the requirements
of this article, the wireless provider shall comply with the requirements
of this article to the maximum extent possible without violating federal
or state laws or regulations.
For the purposes of this article, 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 Electric 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 co-locate small wireless facilities, and a request that includes
the installation of a new utility pole for such co-location, as well
as any applicable fee for the review of such application.
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.
The Federal Communications Commission of the United States.
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 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.
A utility pole owned or operated by the City in public rights-of-way.
A written authorization required by the City to perform an
action or initiate, continue, or complete a project.
An individual, corporation, limited-liability company, partnership,
association, trust, or other entity or organization.
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. 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 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.
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 co-located; 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.
Permitted use. Small wireless facilities shall be classified as permitted uses and subject to administrative review, except as provided in Subsection C(9) regarding height exceptions or variances, but not subject to zoning review or approval if they are co-located: i) in rights-of-way in any zoning district; or ii) outside rights-of-way in property zoned exclusively for commercial or industrial use.
B.
Permit required. An applicant shall obtain one or more permits from
the City to co-locate a small wireless facility. An application shall
be received and processed, and permits issued shall be subject to
the following conditions and requirements:
(1)
Application requirements. A wireless provider shall provide the following
information to the City, together with the City's small cell
facilities permit application, as a condition of any permit application
to co-locate small wireless facilities on a utility pole or wireless
support structure:
(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 or
location where utility poles or structures would be installed. This
should include a depiction of the completed facility;
(c)
Specifications and drawings prepared by a structural engineer,
as that term is defined in Section 4 of the Structural Engineering
Practice Act of 1989,[2] for each proposed small wireless facility covered by the
application as it is proposed to be installed;
[2]
Editor's Note: See 225 ILCS 340/1 et seq.
(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; and
(g)
In the event that the proposed small wireless facility is to
be attached to an existing pole owned by an entity other than the
City, the wireless provider shall provide legally competent evidence
of the consent of the owner of such pole to the proposed co-location.
(2)
Application process. The City shall process applications as follows:
(a)
The first completed application shall have priority over applications
received by different applicants for co-location on the same utility
pole or wireless support structure.
(b)
An application to co-locate a small wireless facility on an
existing utility pole or wireless support structure, or replacement
of an existing utility pole or wireless support structure shall be
processed on a nondiscriminatory basis and shall be deemed approved
if the City fails to approve or deny the application within 90 days
after the submission of a completed application.
[1]
However, if an applicant intends to proceed with the permitted
activity on a deemed-approved basis, the applicant shall notify the
City in writing of its intention to invoke the deemed-approved remedy
no sooner than 75 days after the submission of a completed application.
[2]
The permit shall be deemed approved on the latter of the 90th
day after submission of the complete application or the 10th day after
the receipt of the deemed-approved notice by the City. The receipt
of the deemed-approved notice shall not preclude the City's denial
of the permit request within the time limits as provided under this
article.
(c)
An application to co-locate a small wireless facility that includes
the installation of a new utility pole shall be processed on a nondiscriminatory
basis and deemed approved if the City fails to approve or deny the
application within 120 days after the submission of a completed application.
[1]
However, if an applicant intends to proceed with the permitted
activity on a deemed-approved basis, the applicant shall notify the
City in writing of its intention to invoke the deemed-approved remedy
no sooner than 105 days after the submission of a completed application.
[2]
The permit shall be deemed approved on the latter of the 120th
day after submission of the complete application or the 10th day after
the receipt of the deemed-approved notice by the City. The receipt
of the deemed-approved notice shall not preclude the City's denial
of the permit request within the time limits as provided under this
article.
(d)
The City shall deny an application which does not meet the requirements
of this article.
[1]
If the City determines that applicable codes, ordinances or
regulations that concern public safety, or the co-location requirements
and conditions contained herein[4] require that the utility pole or wireless support structure
be replaced before the requested co-location, approval shall be conditioned
on the replacement of the utility pole or wireless support structure
at the cost of the provider.
[2]
The City shall document the basis for a denial, including the
specific code provisions or application conditions on which the denial
is based, and send the documentation to the applicant on or before
the day the City denies an application.
[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. The City shall approve or deny the revised application within
30 days after the applicant resubmits the application or it is deemed
approved. Failure to resubmit the revised application within 30 days
of denial shall require the application to submit a new application
with applicable fees, and recommencement of the City's review
period.
[4]
The applicant must notify the City in writing of its intention
to proceed with the permitted activity on a deemed-approved basis,
which may be submitted with the revised application.
[5]
Any review of a revised application shall be limited to the
deficiencies cited in the denial. However, this revised application
does not apply if the cure requires the review of a new location,
new or different structure to be co-located upon, new antennas, or
other wireless equipment associated with the small wireless facility.
(e)
Pole attachment agreement. Within 30 days after an approved
permit to co-locate a small wireless facility on a municipal utility
pole, the City and the applicant shall enter into a master pole attachment
agreement, provided by the City for the initial co-location on a municipal
utility pole by the application. For subsequent approved permits to
co-locate on a small wireless facility on a municipal utility pole,
the City and the applicant shall enter into a license supplement of
the master pole attachment agreement.
(3)
Completeness of application. Within 30 days after receiving an application,
the City shall determine whether the application is complete and notify
the applicant. If an application is incomplete, the City must specifically
identify the missing information. An application shall be deemed complete
if the City fails to provide notification to the applicant within
30 days after all documents, information and fees specifically enumerated
in the City's permit application form are submitted by the applicant
to the City.
(a)
Processing deadlines are tolled from the time the City sends
the notice of incompleteness to the time the applicant provides the
missing information.
(5)
Consolidated applications.
(a)
An applicant seeking to co-locate small wireless facilities
within the jurisdiction of the City shall be allowed, at the applicant's
discretion, to file a consolidated application and receive a single
permit for the co-location of up to 25 small wireless facilities if
the co-locations each involve substantially the same type of small
wireless facility and substantially the same type of structure.
(b)
If an application includes multiple small wireless facilities,
the City may remove small wireless facility co-locations from the
application and treat separately small wireless facility co-locations
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 co-location that is approved in a
consolidated application.
(6)
Duration of permits. The duration of a permit shall be for a period
of not less than five years, and the permit shall be renewed for equivalent
durations unless the City makes a finding that the small wireless
facilities or the new or modified utility pole do not comply with
the applicable City codes or any provision, condition or requirement
contained in this article.
(7)
Means of submitting applications. Applicants shall submit applications,
supporting information and notices to the City by personal delivery
at the City's designated place of business, by regular mail postmarked
on the date due or by any other commonly used means, including electronic
mail.
C.
Co-location requirements and conditions.
(1)
Public safety space reservation. The City may reserve space on municipal
utility poles for future public safety uses, for the City's electric
utility uses, or both, but a reservation of space may not preclude
the co-location of a small wireless facility unless the City reasonably
determines that the municipal utility pole cannot accommodate both
uses.
(2)
Installation and maintenance. The wireless provider shall install,
maintain, repair and modify its small wireless facilities in safe
condition and good repair and in compliance with the requirements
and conditions of this article. The wireless provider shall ensure
that its employees, agents or contracts that perform work in connection
with its small wireless facilities are adequately trained and skilled
in accordance with all applicable industry and governmental standards
and regulations.
(3)
No interference with public safety communication frequencies. The
wireless provider's operation of the small wireless facilities
shall not interfere with the frequencies used by a public safety agency
for public safety communications.
(a)
A wireless provider shall install small wireless facilities
of the type and frequency that will not cause unacceptable interference
with a public safety agency's communications equipment.
(b)
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.
(c)
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 22.973 and
47 CFR 90.672 through 90.675.
(d)
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.
(4)
The wireless provider shall not co-locate 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.
(a)
However, the antenna and support equipment of the small wireless
facility may be located in the communications space on the City utility
pole and on the top of the pole, if not otherwise unavailable, if
the wireless provider complies with applicable codes for work involving
the top of the pole.
(b)
For purposes of this subsection, the terms "communications space,"
"communication worker safety zone," and "electric supply zone" have
the meanings given to those terms in the National Electric Safety
Code as published by the Institute of Electrical and Electronics Engineers.
(5)
The wireless provider shall comply with all applicable codes and
local code provisions or regulations that concern public safety.
(6)
The wireless provider shall comply with written design standards
that are generally applicable for decorative utility poles, or reasonable
stealth, concealment and aesthetic requirements that are set forth
in a City ordinance, written policy adopted by the City, a comprehensive
plan or other written design plan that applies to other occupiers
of the rights-of-way, including on an historic landmark or in an historic
district.
(7)
Alternate placements. Except as provided in this co-location requirements
and conditions section, a wireless provider shall not be required
to co-locate small wireless facilities on any specific utility pole,
or category of utility poles, or be required to co-locate multiple
antenna systems on a single utility pole. However, with respect to
an application for the co-location of a small wireless facility associated
with a new utility pole, the City may propose that the small wireless
facility be co-located on an existing utility pole or existing wireless
support structure within 100 feet of the proposed co-location, which
the applicant shall accept 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 as determined by the applicant.
(a)
If the applicant refuses a co-location proposed by the City,
the applicant shall provide written certification describing the property
rights, technical limits or material cost reasons the alternate location
does not satisfy the criteria in this subsection.
(8)
Height limitations. The maximum height of a small wireless facility
shall be no more than 10 feet above the utility pole or wireless support
structure on which the small wireless facility is co-located.
(a)
New or replacement utility poles or wireless support structures
on which small wireless facilities are co-located may not exceed the
higher of:
[1]
Ten feet in height above the tallest existing utility pole,
other than a utility pole supporting only wireless facilities, that
is in place on the date the application is submitted to the City,
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
[2]
Forty-five feet above ground level.
(9)
Height exceptions or variances. If an applicant proposes a height
for a new or replacement pole in excess of the above height limitations
on which the small wireless facility is proposed for co-location,
the applicant shall apply for a [SPECIAL USE PERMIT, VARIANCE OR ADMINISTRATIVE
WAIVER] in conformance with procedures, terms and conditions set forth
in [INSERT APPROPRIATE SECTION(S) OF ZONING ORDINANCE].
(10)
Contractual design requirements. The wireless provider shall
comply with requirements that are imposed by a 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.
(11)
Ground-mounted equipment spacing. The wireless provider shall
comply with applicable spacing requirements in applicable codes and
ordinances concerning the location of ground-mounted equipment located
in the right-of-way if the requirements include a waiver, zoning or
other process that addresses wireless provider requests for exception
or variance and do not prohibit granting of such exceptions or variances.
(12)
Undergrounding regulations. The wireless provider shall comply
with local code provisions or regulations concerning undergrounding
requirements that prohibit the installation of new or the modification
of existing utility poles in a right-of-way without prior approval
if the requirements include a waiver, zoning or other process that
addresses requests to install such new utility poles or modify such
existing utility poles and do not prohibit the replacement of utility
poles.
(13)
Co-location completion deadline. Co-location 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 municipal
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.
D.
Application fees. Application fees are imposed as follows:
(1)
Applicant shall pay an application fee of $650 for an application
to co-locate a single small wireless facility on an existing utility
pole or wireless support structure, and $350 for each small wireless
facility addressed in a consolidated application to co-locate more
than one small wireless facility on existing utility poles or wireless
support structures.
(2)
Applicant shall pay an application fee of $1,000 for each small wireless
facility addressed in an application that includes the installation
of a new utility pole for such co-location.
(3)
Notwithstanding any contrary provision of state law or local ordinance,
applications pursuant to this section shall be accompanied by the
required application fee. Application fees shall be nonrefundable.
(4)
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:
(a)
Routine maintenance;
(b)
The replacement of wireless facilities with wireless 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 Subsection D under the section titled "Application requirements";[6] or
[6]
Editor's Note: See § 260-3B(1)(d).
(c)
The installation, placement, maintenance, operation or replacement
of micro wireless facilities suspended on cables that are strung between
existing utility poles in compliance with applicable safety codes.
(5)
Wireless providers shall secure a permit from the City to work within
rights-of-way for activities that affect traffic patterns or require
lane closures.
E.
Exceptions to applicability. Nothing in this article authorizes a
person to co-locate 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,
excluding the placement of facilities on rights-of-way located in
an affected district that are under the jurisdiction and control of
a different unit of local government as provided by the Illinois Highway
Code;[7] or
[7]
Editor's Note: See 605 ILCS 5/1-101 et seq.
(3)
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,[8] without the consent of the rail carrier, public commuter
rail service, or electric utility. The provisions of this article
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.
(a)
For the purposes of this subsection, "public utility" has the
meaning given to that term in Section 3-105 of the Public Utilities
Act.[9] Nothing in this article shall be construed to relieve
any person from any requirement: a) to obtain a franchise or a state-issued
authorization to offer cable service or video service; or b) to obtain
any required permission to install, place, maintain, or operate communications
facilities, other than small wireless facilities subject to this article.
[9]
Editor's Note: See 220 ILCS 5/1-101 et seq.
[8]
Editor's Note: See 220 ILCS 5/1-101 et seq.
F.
Preexisting agreements.
(1)
Existing agreements between the City and wireless providers that
relate to the co-location of small wireless facilities in the right-of-way,
including the co-location of small wireless facilities on City utility
poles, that are in effect on June 1, 2018, remain in effect for all
small wireless facilities co-located on the City's utility poles
pursuant to applications submitted to the City before June 1, 2018,
subject to applicable termination provisions contained therein. Agreements
entered into after June 1, 2018, shall comply with this article.
(2)
A wireless provider that has an existing agreement with the City
on the effective date of the Act[10] may accept the rates, fees and terms that the City makes
available under this article for the co-location of small wireless
facilities or the installation of new utility poles for the co-location
of small wireless facilities that are the subject of an application
submitted two or more years after the effective date of the Act by
notifying the City that it opts to accept such rates, fees and terms.
The existing agreement remains in effect, subject to applicable termination
provisions, for the small wireless facilities the wireless provider
has co-located on the City's utility poles pursuant to applications
submitted to the City before the wireless provider provides such notice
and exercises its option under this subsection.
[10]
Editor's Note: See 50 ILCS 840/1 et seq.
G.
Annual recurring rate.
(1)
A wireless provider shall pay to the City an annual recurring rate
to co-locate a small wireless facility on a City utility pole located
in a right-of-way that equals $200 per year or the actual, direct
and reasonable costs related to the wireless provider's use of
space on the City utility pole.
(2)
If the City has not billed the wireless provider actual and direct
costs, the fee shall be $200 payable on the first day after the first
annual anniversary of the issuance of the permit or notice of intent
to co-locate, and on each annual anniversary date thereafter.
H.
Abandonment.
(1)
A small wireless facility that is not operated for a continuous period
of 12 months shall be considered abandoned. The owner of the facility
shall remove the small wireless facility within 90 days after receipt
of written notice from the City notifying the wireless provider of
the abandonment.
(2)
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 wireless provider. 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 its pole attachment agreement
for municipal utility poles or through whatever actions are provided
for abatement of nuisances or by other law for removal and cost recovery.
(3)
A wireless provider shall provide written notice to the City if it
sells or transfers small wireless facilities within the jurisdiction
of the City. Such notice shall include the name and contact information
of the new wireless provider.
The Circuit Court of Mclean County shall have exclusive jurisdiction
to resolve all disputes arising under the Small Wireless Facilities
Deployment Act.[1] Pending resolution of a dispute concerning rates for co-location
of small wireless facilities on municipal utility poles within the
right-of-way, the City shall allow the collocating person to co-locate
on its poles al annual rates of no more than $200 per year per municipal
utility pole, with rates to be determined upon final resolution of
the dispute.
[1]
Editor's Note: See 50 ILCS 840/1 et seq.
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 article and the Act.[1] 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 they may have
against the City with respect to consequential, incidental, or special
damages, however caused, based on the theory of liability.
[1]
Editor's Note: See 50 ILCS 840/1 et seq.
A.
The wireless provider shall carry, at the wireless provider's
own cost and expense, the following insurance:
(1)
Property insurance for its property's replacement cost against
all risks; workers' compensation insurance, as required by law;
or
(2)
Commercial general liability insurance with respect to its activities
on the City improvements or rights-of-way lo 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.
B.
The wireless provider shall include the City 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 prior to the co-location of any wireless facility.
C.
A wireless provider may self-insure all or a portion of the insurance
coverage and limit requirement required by the City. A wireless provider
that self-insures is not required, to the extent of the self-insurance,
to comply with the requirement for the name of additional insureds
under this section. A wireless provider that elects to self-insure
shall provide to the City evidence sufficient to demonstrate its financial
ability to self-insure the insurance coverage limits required by the
City.
If any provision of this article or application thereof to any
person or circumstances is ruled unconstitutional or otherwise invalid,
such invalidity shall not affect other provisions or applications
of this article that can be given effect without the invalid application
or provision, and each invalid provision or invalid application of
this article is severable.
