[HISTORY: Adopted by the Mayor and City Council of the City
of Maroa as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-23-2018 by Ord. No. 2018/07/23-2]
As used in this article, the following terms shall have the
meanings indicated:
An existing pole or other structure within the public right-of-way
that can be used to support an antenna and is not a utility pole or
City-owned infrastructure.
Communications equipment that transmits or receives electromagnetic
radio signals used in the provision of any type of wireless communications
services.
Any person or entity submitting an application to install
personal wireless telecommunications facilities or structures to support
the facilities within a public right-of-way.
Infrastructure in public rights-of-way within the boundaries
of the City, including, but not limited to, streetlights, traffic
signals, towers, structures or buildings owned, operated or maintained
by the City.
A type of personal wireless telecommunications facility consisting
of a network of spatially separated antenna nodes connected to a common
source via a transport medium that provides wireless service within
a geographic area; generally serves multiple carriers.
The installation at grade of plantings, shrubbery, bushes
or other foliage intended to screen the base of a personal wireless
telecommunications facility from public view.
A structure composed of a single spire, pole or tower designed
and used to support antennas or related equipment and that is not
a utility pole, an alternative antenna structure or City-owned infrastructure.
An antenna that is part of a personal wireless telecommunications
facility.
Equipment, exclusive of an antenna, that is part of a personal
wireless telecommunications facility.
An antenna, equipment and related improvements used or designed
to be used to provide wireless transmission of voice, data, video
streams, images or other information, including, but not limited to,
cellular phone service, personal communication service, paging and
Wi-Fi antenna service.
A personal wireless telecommunications facility consisting
of an antenna and related equipment either installed singly or as
part of a network to provide coverage or enhance capacity in a limited
defined area; generally single-service provider installation.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including self-supporting
lattice towers, guy towers or monopole towers, and that is not a utility
pole, an alternative antenna structure or City-owned infrastructure.
Except as otherwise provided for by this article, the requirements
for a tower and associated antenna facilities shall be those required
in this article.
An upright pole designed and used to support electric cables,
telephone cables, telecommunications cables, cable service cables,
which are used to provide lighting, traffic control, signage or a
similar function.
A grant of relief by the City Administrator.
An antenna used to support Wi-Fi broadband internet access
service based on the IEEE 802.11 standard that typically uses unlicensed
spectrum to enable communication between devices.
Personal wireless telecommunications facilities will be permitted
to be placed in rights-of-way within the jurisdiction of the City
as attachments to existing utility poles, alternative antenna structures
or City-owned infrastructure, subject to the following regulations:
A.
Number limitation and co-location. The City Administrator may regulate
the number of personal wireless telecommunications facilities allowed
on each utility pole or unit of City-owned infrastructure. No more
than two personal wireless telecommunications facilities will be permitted
on utility poles or alternative antenna structures of 90 feet or less.
No more than three personal wireless telecommunications facilities
will be permitted on utility poles or alternative antenna structures
in excess of 90 feet and less than 120 feet. This article does not
preclude or prohibit co-location of personal wireless telecommunications
facilities on towers or monopoles that meet the requirements set forth
elsewhere in this section or as required by federal law.
B.
Separation and clearance requirements. Personal wireless telecommunications
facilities may be attached to a utility pole, alternative antenna
structure, monopole or City-owned infrastructure only where such pole,
structure or infrastructure is located no closer than a distance equal
to 100% of the height of such facility to any residential building
and no closer than 300 feet to any other personal wireless telecommunications
facility. A separation or lesser clearance may be allowed by the City
Administrator or his/her designee as an administrative variance to
this article when the applicant establishes that the lesser separation
or clearance is necessary to close a significant coverage or capacity
gap in the applicant's services or to otherwise provide adequate services
to customers and the proposed antenna or facility is the least intrusive
means to do so within the right-of-way.
C.
City-owned infrastructure. Personal wireless telecommunications facilities
can only be mounted to City-owned infrastructure, including, but not
limited to, streetlights, traffic signal, towers or buildings, if
authorized by a license or other agreement between the owner and the
City.
D.
New towers. No new monopole or other tower to support personal wireless
telecommunications facilities in excess of 60 feet is permitted to
be installed on rights-of-way within the jurisdiction of the City
unless the City Council finds, based on clear and convincing evidence
provided by the applicant, that locating the personal wireless telecommunications
facilities on the right-of-way is necessary to close a significant
coverage or capacity gap in the applicant's services or to otherwise
provide adequate services to customers and the proposed new monopole
or other tower within the right-of-way is the least intrusive means
to do so.
E.
Attachment limitations. No personal wireless telecommunication antenna
or facility within the right-of-way will be attached to a utility
pole, alternative antenna structure, tower or City-owned infrastructure
unless all of the following conditions are satisfied:
(1)
Surface area of antenna. The personal wireless telecommunication
antenna, including antenna panels, whip antennas or dish-shaped antennas,
cannot have a surface area of more than seven cubic feet in volume.
(2)
Size of above-ground personal wireless telecommunications facility.
The total combined volume of all above-ground equipment and appurtenances
comprising a personal wireless telecommunications facility, exclusive
of the antenna itself, cannot exceed 32 cubic feet.
(3)
Personal wireless telecommunications equipment. The operator of a
personal wireless telecommunications facility must, whenever possible,
locate the base of the equipment or appurtenances at a height of no
lower than eight feet above grade.
(4)
Personal wireless telecommunications services equipment mounted at
grade. In the event that the operator of a personal wireless telecommunications
facility proposes to install a facility where equipment or appurtenances
are to be installed at grade, screening must be installed to minimize
the visibility of the facility. Screening must be installed at least
three feet from the equipment installed at-grade and eight feet from
a roadway.
(5)
Height. The top of the highest point of the antenna cannot extend
more than seven feet above the highest point of the utility pole,
alternative antenna support structure, tower or City-owned infrastructure.
If necessary, the replacement or new utility pole, alternative support
structure or City-owned infrastructure located within the public right-of-way
may be no more than 10 feet to 70 feet higher than existing poles
adjacent to the replacement or new pole or structure or no more than
90 feet in height overall, whichever is less.
(6)
Color. A personal wireless telecommunications facility, including
all related equipment and appurtenances, must be a color that blends
with the surroundings of the pole, structure, tower or infrastructure
on which it is mounted and use nonreflective materials which blend
with the materials and colors of the surrounding area and structures.
Any wiring must be covered with an appropriate cover.
(7)
Antenna panel covering. A personal wireless telecommunications antenna
may include a radome, cap or other antenna panel covering or shield,
to the extent such covering would not result in a larger or more noticeable
facility; and, if proposed, such covering must be of a color that
blends with the color of the pole, structure, tower or infrastructure
on which it is mounted.
(8)
Wiring and cabling. Wires and cables connecting the antenna to the
remainder of the facility must be installed in accordance with the
electrical code currently in effect. No wiring and cabling serving
the facility will be allowed to interfere with any wiring or cabling
installed by a cable television or video service operator, electric
utility or telephone utility.
(9)
Grounding. The personal wireless telecommunications facility must
be grounded in accordance with the requirements of the electrical
code currently in effect in the City.
(10)
Guy wires. No guy or other support wires will be used in connection
with a personal wireless telecommunications facility unless the facility
is to be attached to an existing utility pole, alternative antenna
support structure, tower or City-owned infrastructure that incorporated
guy wires prior to the date that an applicant has applied for a permit.
(11)
Pole extensions. Extensions to utility poles, alternative support structures, towers and City-owned infrastructure utilized for the purpose of connecting a personal wireless telecommunications antenna and its related personal wireless telecommunications equipment must have a degree of strength capable of supporting the antenna and any related appurtenances and cabling and capable of withstanding wind forces and ice loads in accordance with the applicable structural integrity standards as set forth in Subsection E(12) below. An extension must be securely bound to the utility pole, alternative antenna structure, tower or City-owned infrastructure in accordance with applicable engineering standards for the design and attachment of such extensions.
(12)
Structural integrity. The personal wireless telecommunications
facility, including the antenna, pole extension and all related equipment,
must be designed to withstand a wind force and ice loads in accordance
with applicable standards established in Chapter 25 of the National
Electric Safety Code for utility poles, Rule 250-B and 250-C standards
governing wind, ice and loading forces on utility poles, in the American
National Standards Institute (ANSI) in TIA/EIA Section 222-G established
by the Telecommunications Industry Association (TIA) and the Electronics
Industry Association (EIA) for steel wireless support structures and
the applicable industry standard for other existing structures. For
any facility attached to City-owned infrastructure or, in the discretion
of the City, for a utility pole, tower or alternative antenna structure,
the operator of the facility must provide the City with a structural
evaluation of each specific location containing a recommendation that
the proposed installation passes the standards described above. The
evaluation must be prepared by a professional structural engineer
licensed in the State of Illinois.
F.
Signage. Other than signs required by federal law or regulations
or identification and location markings, installation of signs on
a personal wireless telecommunications facility is prohibited.
G.
Screening. If screening is required under Subsection E(4) above, it must be natural landscaping material or a fence subject to the approval of the City and must comply with all regulations of the City. Appropriate landscaping must be located and maintained and must provide the maximum achievable screening, as determined by the City, from view of adjoining properties and public or private streets. Notwithstanding the foregoing, no such screening is required to extend more than nine feet in height. Landscape screening, when permitted in the right-of-way, must be provided with a clearance of three feet in all directions from the facility. The color of housing for ground-mounted equipment must blend with the surroundings. For a covered structure, the maximum reasonably achievable screening must be provided between such facility and the view from adjoining properties and public or private streets. In lieu of the operator installing the screening, the City, at its sole discretion, may accept a fee from the operator of the facility for the acquisition, installation or maintenance of landscaping material by the City.
H.
Permission to use utility pole or alterative antenna structure. The
operator of a personal wireless telecommunications facility must submit
to the City written copies of the approval from the owner of a utility
pole, monopole or an alternative antenna structure, to mount the personal
wireless telecommunications facility on that specific pole, tower
or structure, prior to issuance of the City permit.
I.
Licenses and permits. The operator of a personal wireless telecommunications
facility must verify to the City that it has received all concurrent
licenses and permits required by other agencies and governments with
jurisdiction over the design, construction, location and operation
of said facility and that they will be maintained within the corporate
limits of the City.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
K.
Abandonment and removal. Any personal wireless telecommunications
facility located within the corporate limits of the City that is not
operated for a continuous period of 12 months shall be considered
abandoned, and the owner of the facility must remove same within 90
days of receipt of written notice from the City notifying the owner
of such abandonment. Such notice shall be sent by certified or registered
mail, return receipt requested, by the City to such owner at the last
known address of such owner. In the case of personal wireless telecommunications
facilities attached to City-owned infrastructure, if such facility
is not removed within 90 days of such notice, the City may remove
or cause the removal of such facility through the terms of the applicable
license agreement or through whatever actions are provided by law
for removal and cost recovery.
Permits for placement of personal wireless telecommunications
facilities in rights-of-way within the City are required.
A.
Except
as otherwise provided for by this article, the procedures for the
application for, approval of and revocation of such a permit must
be in compliance with City permit application requirements in the
City of Maroa Code of Ordinances. Any applications must demonstrate
compliance with the requirements of this article.
B.
Unless
otherwise provided by franchise, license or similar agreement or federal,
state or local law, all applications for permits pursuant to this
article must be accompanied by a fee in the amount as set from time
to time by the City Council. The application fee will reimburse the
City for regulatory and administrative costs with respect to the work
being performed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Where the conditions imposed by any provisions of this article
regarding the siting and installation of personal wireless telecommunications
facilities are more restrictive than comparable conditions imposed
elsewhere in any other local law, ordinance, resolution, rule or regulation,
the regulations of this article will govern.
The findings and recitals herein are declared to be prima facie
evidence of the law of the City and shall be received in evidence
as provided by the Illinois Compiled Statutes and the courts of the
State of Illinois.
