City of Columbia, IL Minimum Standards of Improvement

All new streets which are created and dedicated for use within a subdivision [except state highways and county roads which are regulated by the Illinois Highway Code, Illinois Compiled Statutes, Article V, Chapter 605 for which there is no jurisdictional relinquishment pursuant to Section 4-406.1 of the Illinois Highway Code (605 ILCS 5/4-406.1) and Section 11-91.2-1 of the Illinois Municipal Code (65 ILCS 5/11-91.2-1, as amended)], shall be graded, drained and surfaced in accordance with the minimum requirements hereinbelow set forth and in a manner which will provide complete and adequate drainage of all the streets, alleys and public grounds in the entire subdivision, including such work which may be necessary in order to provide adequate and satisfactory drainage along the side of any existing public street which lies adjacent to the subdivision.

In general, all such new streets within the subdivision and all work to be undertaken thereon shall be designed and constructed according to the Standard Specifications for Road and Bridge Construction adopted by the Department of Transportation of the State of Illinois ("Standard Specifications"), as the same are in effect at the time the improvement plans for such improvement work are submitted for approval, except as otherwise provided herein.

Grading roadway and side slope. The roadway shall not be less than the dedicated street width provided in § 300-4.3K and shall be constructed substantially in accordance with existing City standards.

Any roadway shall be seeded in accordance with standard specifications. The developer shall assume responsibility for maintaining the roadway, including the seeding, the removal of earth, crushed stone or other debris from the pavement, curb and gutter and other drainage facilities, until accepted by and dedicated to the City.

Alleys shall not be less than 20 feet in width, of which area not less than 15 feet in width shall be paved in accordance with standards and specifications herein provided for local streets, except that such alleys shall not be required to have concrete curb and gutter.

Grading, excavation and embankment. All excavation and construction embankments shall be in accordance with the Standard Specifications, except as otherwise provided in this section of the Subdivision Code. The embankment or fills shall be placed in six-inch layers and thoroughly compacted.

Combination concrete curb and gutter.

Combination concrete curb and gutter complete with reinforcing rods shall be built in accordance with the following diagrams regarding "lip curb," "vertical curb" and "mountable curb":

The minimum distance from back of curb to back of curb shall be not less than the minimum width requirements for streets set forth in § 300-3.4K of Article IV, Minimum Standards of Design, of this Subdivision Code.

Street construction standards. All public streets, highways, roads and other public ways located within the corporate limits of the City and which are under the jurisdictional authority of the City (which would exclude state highways and county roads for which there is no jurisdictional relinquishment or sharing agreement) shall be built in accordance with the following minimum standards:

Developments which abut roads that extend beyond the corporate limits of the City. The City's street and construction requirement for development of property in the City which adjoins, abuts or incorporates roads or other public ways which extend beyond the corporate limits of the City and which are under the jurisdiction and control of the City within the corporate limits of the City (such as road district and township roads over which the City has access control and maintenance responsibility as a result of property annexations) will be upgraded, realigned and reconstructed according to the following minimum specifications:

Sixty-foot-wide right-of-way for street, municipal and public utility and drainage uses and purposes (thirty-foot width on each side of the center line of the right-of-way to be created by dedication from adjoining landowners).

Two twelve-foot-wide, paved travel lanes, consisting of a minimum ten-inch aggregate base course with an A-3 surface treatment.

Six-foot-wide, gravel surfaced, shoulders adjoining the street pavement, consisting of a minimum eight-inch-thick aggregate base course with an A-2 surface treatment.

(d)

Drainage ditches of City-Engineer-approved side slopes and width adjoining the gravel road shoulders.

(e)

Portland cement concrete sidewalk, four inches thick, located on both sides of the roadway (unless a variance is granted by the City Council to allow sidewalks on only one side of the road or to relieve of the obligation to construct and install sidewalks). The sidewalk shall be located not less than one foot behind the top of the back slope of the ditch.

(f)

Municipal and public utility and drainage easements adjoining the sixty-foot-wide road right-of-way where recommended by the City Engineer and required by the City Council.

Street construction standards. All streets hereafter constructed within the corporate limits of the City or within the 1 1/2-mile extraterritorial jurisdiction of the City's Subdivision Code which are under the jurisdictional control of the City (except as heretofore stated above in the preceding Subsection E(1) of this § 300-5.3, with regard to state, county, township and road district roads) shall be built in accordance with the following minimum criteria:

Street pavement shall consist of a six-inch lime modified subgrade or four-inch-thick aggregate base course conforming to Illinois Department of Transportation (IDOT) Standard Specifications. Street surfacing for other than arterial streets and collector streets (including local streets) shall be constructed of Portland cement concrete having a minimum thickness of seven inches and otherwise conforming to IDOT Standard Specifications for Portland cement concrete street pavement. Street surfacing for arterial and collector streets shall be of Portland cement concrete conforming to IDOT Standard Specifications for Portland cement concrete street pavement (including thickness); except that street thickness shall not be less than seven inches, notwithstanding that IDOT standard specifications may be less. Street curbing shall be of Portland cement concrete constructed in accordance with the specifications shown above in Subsection D of this section.

In residential subdivisions, street, curbing, guttering and sidewalk construction for subdivision streets constructed within the corporate limits of the City and within the 1 1/2-mile extraterritorial jurisdiction of the City's Subdivision Code shall comply with the following minimum standards of construction:

[1]

In subdivisions zoned for lots of a minimum bulk area of one acre (43,560 square feet) or more, all streets shall have Portland cement concrete curbing and guttering. A Portland cement concrete sidewalk shall be required on at least one side of the street. The street paving may either be of Portland cement concrete construction or consisting of a minimum ten-inch aggregate base course, with an A-3 surface treatment. Street and sidewalk construction shall be in compliance with the City's Subdivision Code, except that street paving may be of oil-and-chip construction.

[2]

In subdivisions zoned for lots of a minimum bulk area of 25,000 square feet or more but under 43,560 square feet, the public street pavement, curbing and guttering shall be of Portland cement concrete construction, and Portland cement concrete sidewalks shall be required on both sides of the street. Street and sidewalk construction shall be in compliance with the City's Subdivision Code.

[3]

In subdivisions zoned for lots of a minimum bulk area of 16,000 square feet or more but under 25,000 square feet, the public street pavement, curbing and guttering shall be of Portland cement concrete construction, and Portland cement concrete sidewalks shall be required on both sides of the street. Street and sidewalk construction shall be in compliance with the City's Subdivision Code.

[4]

In subdivisions zoned for lots of a minimum bulk area of 10,500 square feet or more but under 16,000 square feet, the public street pavement, curbing and guttering shall be of Portland cement concrete construction and Portland cement concrete sidewalks shall be required on both sides of the street. Street and sidewalk construction shall be in compliance with the City's Subdivision Code.

[5]

In subdivisions zoned for lots of a minimum bulk area of 7,500 square feet or more but under 10,500 square feet, the public street pavement, curbing and guttering shall be of Portland cement concrete construction, and Portland cement concrete sidewalks shall be required on both sides of the street. Street and sidewalk construction shall be in compliance with the City's Subdivision Code.

[6]

In subdivisions zoned for lots of a minimum bulk area of 6,500 square feet or more but under 7,500 square feet, the public street pavement, curbing and guttering shall be of Portland cement concrete construction, and Portland cement concrete sidewalks shall be required on both sides of the street. Street and sidewalk construction shall be in compliance with the City's Subdivision Code.

[7]

In subdivisions zoned for multifamily development lots having a minimum of 3,000 square feet or more per multifamily dwelling buildings for two-family units or more and lots zoned for 1,500 square feet or more per single dwelling unit, the public street pavement, curbing and guttering shall be of Portland cement concrete construction, and Portland cement concrete sidewalks shall be required on both sides of the street. Street and sidewalk construction shall be in compliance with the City's Subdivision Code.

[8]

In subdivisions zoned for C-1 (Neighborhood Business Zoned District), C-2 (General Business Zoned District), C-3 (Highway Business Zoned District), CP (Commercial Park Zoned District), BP-1 (Business Park-1 Zoned District), BP-2 (Business Park-2 Zoned District) and I-1 (Light Industrial Zoned District), the public street pavement, curbing and guttering shall be of Portland cement concrete construction, and Portland cement concrete sidewalks shall be required on both sides of the street. Street and sidewalk construction shall be in compliance with the City's Subdivision Code.

Utility lines. Underground utility lines crossing streets in utility easements or rights-of-way shall be installed prior to the construction of such streets and alleys.

§ 330-5.4 Storm sewers and other drainage appurtenances.

[Amended by Ord. No. 1321]

In addition to the installation of curbs or gutters along the streets as required by § 300-5.3D of this article, storm sewers shall be required to provide adequate drainage along any street, and such storm sewers, manholes, catch basins, inlets and outlets shall be constructed in accordance with the applicable provisions in the specifications. Catch basins are to be constructed in accordance with existing City standards. The stormwater drainage system shall be separate and independent of the sanitary sewer system and shall be constructed in accordance with the drainage laws of the State of Illinois and Chapter 319, Stormwater Management, of the City Code. No building or construction permit shall be issued by the City and no final plat and no improvement plans for real estate development in the City shall be approved by the City until the stormwater management plan has been approved by the City Engineer as meeting the requirements of Chapter 319 or the requirement for such stormwater management plan has been waived by the City Engineer.

§ 330-5.5 Flow lines.

The flow line of any combination curb and gutter section, as well as the flow line of any storm sewer, shall have a fall of at least 0.5 of a foot per 100 lineal feet, except where vertical curves in the grade line of the street make this provision inapplicable with respect to the curb and gutter.

§ 330-5.6 Culverts.

All across-road culverts and entrance culverts shall comply with the specifications. No such pipe culverts, however, shall be less than 15 inches in diameter. The sizes of all drainage structures shall be computed by using "Talbot's Formula" for runoff. The design, installation and construction of all drainage structures shall be subject to the approval of the City Engineer and City Council.

§ 330-5.7 Electrical power, telephone and cable antenna television.

Electrical, telephone, and cable antenna television (CATV) service lines shall be placed underground throughout the subdivision. The conduit or cables shall be located within easements or public rights-of-way in a manner which will not conflict with other underground services. All transformers and terminal boxes shall be located so as not to be unsightly or hazardous to the public. The location of such services within any public right-of-way shall be approved by the City Engineer.

§ 330-5.8 General water and sanitary sewer engineering requirements.

All proposed water and sanitary sewer facilities shall comply with the minimum requirements and recommendations of the Environmental Protection Agency of the State of Illinois. When a proposed subdivision is reasonably accessible to a public sewer system and/or water distribution system, the subdivider shall provide the subdivision with a complete sanitary sewer system and/or water distribution system to be connected to the proper public system(s), when a permit can be secured from the public agency. Utilities, when possible, shall be placed in the back lot easements.

Whenever the subdivider provides a private system of sanitary sewers and a treatment plant, such system and plant shall conform to all standards, specifications and requirements of the Illinois Environmental Protection Agency and shall be approved by said agency and the City Engineer.

Whenever septic tanks are utilized, the system shall comply with applicable City regulations or recommendations of the Illinois Department of Public Health, whichever is greater. Any such septic tank need not be constructed until the principal building or residence is erected on the lot.

§ 330-5.9 Sanitary sewers.

When provided, each lot in the subdivision shall be provided at the property line with a connection to the private or public sanitary sewer system. The construction of the sewer system shall conform to the approved plans and specifications and all work should be properly inspected and approved by the City Engineer. Sewage collection lines shall not be smaller than eight inches in diameter.

§ 330-5.10 Water.

When provided, each lot in the subdivision shall be provided at the property line with a connection to the private or public water system. The construction of the water system shall conform to the approved plans and specifications and all work shall be properly inspected and approved by the City Engineer. Water distribution lines shall not be smaller than six inches in diameter.

§ 330-5.11 Fire hydrants.

When a public or private water distribution system is provided, fire hydrants shall be installed by the subdivider as part of the water distribution system. Installation of hydrants shall be accomplished in such manner that each lot is within 400 feet of the fire hydrant when measured along the center line of the right-of-way. No fire hydrant shall be placed on a main smaller than six inches in diameter. Fire hydrants must be located on City property no further than 20 feet from the curb. Hydrants installed shall be Iowa Standard two-way units, for standardization.

§ 330-5.12 Sidewalks.

[Added 5-3-1999 by Ord. No. 1785; amended 1-17-2017 by Ord. No. 3301]

Sidewalks shall be constructed with a minimum thickness of four inches of Portland cement concrete and a base of two inches of clean aggregate base.

All walks shall be constructed at a grade no steeper than 10%, unless steps of adequate design with handrails are provided and approved by the City Engineer.

Nonresidential sidewalks within the nonresidential site shall be concrete, four inches thick and six feet in width, except at driveways where the thickness shall be approved by the City Engineer and shall be adequate for the intended use.

Sidewalks shall be provided with Number 6 reinforcing mesh across the entire width and breadth of driveway aprons or the concrete shall be at least six inches in thickness.

Sidewalks shall be constructed and installed on both sides of public streets in R-2, R-3, R-4, R-5 and R-6 Districts (One-Family Dwelling Zoning Districts) and in R-7 Districts (Multifamily Dwelling Zoning Districts) in the City. In an R-1 District (One-Family Dwelling Zoning District), Portland cement concrete sidewalks shall be required on at least one side of all public streets.

§ 330-5.13 Sidewalk variances.

A variance may be granted in the provision of sidewalks only if one or more of the following conditions are met:

Where sidewalks are not deemed necessary for public safety or where topographical or other conditions make their installation and use impractical.

Where the subdivision designer has submitted for review a proposed pedestrian movement plan that provides for more direct and safer movement of pedestrian traffic.

§ 330-5.14 Bike paths and trails.

In addition to the sidewalk requirements, developers are encouraged to include other methods of pedestrian movement, such as bike paths and nature trails in conjunction with or partially in substitution for sidewalks.

§ 330-5.15 Streetlighting improvements.

Streetlighting improvements shall be installed to serve all properties within the subdivision. Such improvements shall be of the individual service or the multiple circuit type and shall consist of standards, luminaires, cable conduit under driveways and/or streets, controllers, handholes, and all other miscellaneous work and equipment necessary for an integrated system of streetlights.

Location. There shall be at least one standard luminaire at each intersection and interior of each cul-de-sac, and spacing of standards shall not exceed 300 feet in residential areas. In commercial and/or manufacturing areas, spacing and location of standards shall be as approved by the City Council.

Specifications.

Lighting standards shall be prestressed and centrifugally cast concrete, complete with bracket and handhole. Heights of standards and length of bracket shall be as follows:

Residential areas: standard, 23 feet; bracket arm, eight feet.

Commercial, industrial and manufacturing areas: Standard, 30 feet; with the length of the bracket as approved by the City Council.

Cable on multiple circuit systems shall be not less than No. 8 wire and shall be buried at least 30 inches below finished grade. Cable shall be installed in a two-inch galvanized rigid steel conduit with two-inch fiber bushings where such cable crosses beneath existing or proposed pavements, driveways or sidewalks. No underground cable splices will be permitted.

§ 330-5.16 Street markers and traffic signs.

A street marker shall be placed at each intersection designating the names of the streets entering said intersection. The marker shall be of an approved material sufficient in size to accommodate four-inch lettering; it shall be mounted on four-inch by four-inch creosoted wood posts, two-inch galvanized pipe posts or standard "U" channel painted or galvanized sign posts (minimum weight of 2.6 pounds per foot), with at least three feet in the ground and a minimum of seven feet above the ground. All signs shall be reflectorized.

§ 330-5.17 Maintenance and operation of improvements.

When a subdivision contains sewers, sewage treatment plants, a water supply system, park area, or other physical facilities that have not been dedicated to and accepted by an existing public agency, adequate provision shall be made for the continuous maintenance, supervision, operation, and reconstruction of such facilities by the lot owners in the subdivision, subject to the regulations of the Department of Public Health and the Commerce Commission of the State of Illinois and the Illinois Environmental Protection Agency, where applicable.

§ 330-5.18 Performance guarantee: bond or escrow agreement.

Final plats shall be neither approved by the City Council nor recorded by the City Clerk unless the applicable following conditions are met:

Prior installation: the capital improvements or facilities intended to be dedicated to the City or other public body or acceptable private entity have been completed, inspected, and accepted prior to such approval; or

Surety bond or letter of credit: a surety bond issued by an insurance company authorized to do business in the State of Illinois or an irrevocable letter of credit in a form approved by the City Council certifying that adequate funds are and will remain available at a sound and reputable banking or financial institution authorized to do business in the State of Illinois and in a form to allow the City to procure the funds irrevocably committed to complete the required public improvements if construction of said improvements shall be in default shall be posted by the applicant with the City Clerk and approved by the City Council before construction of the improvements or facilities is started. Such surety bond or letter of credit shall be 1 1/4 times the amount determined by the City Engineer as equal to the estimated construction costs of all improvements intended to be dedicated to the City, other public body or approved private legal entity. Performance of work necessary to complete construction and installation of the required improvements to be dedicated to the City, other public body, or approved private legal entity shall be completed within two years of the date of approval of the final plat, unless such time is extended by written agreement between the applicant and the City Council. If such improvements are not satisfactorily installed within the time period specified or required, then such surety bond or letter of credit or portion thereof shall be forfeited by the applicant, and the proceeds of such surety bond or letter of credit shall be used to pay for the completion of installing such improvements in accordance with the requirements specified herein.

[Amended 5-21-1979 by Ord. No. 443]

Surety release. Unless otherwise provided in the surety bond or letter of credit approved by the corporate authorities of the City, the surety bond or letter of credit shall remain in full force and effect until such time as the City Clerk shall, by written authorization to the City Treasurer, release the surety from the obligation of the surety bond or the banking or financial institution from the obligation of its letter of credit, which release may be partial and may occur from time to time, as improvements are completed and approved; provided, however:

[Amended 5-21-1979 by Ord. No. 443]

Except as otherwise provided in the surety bond or letter of credit approved by the corporate authorities of the City, authorization to release up to 90% of the bond or letter of credit amount may be authorized by the City Clerk upon authorization from the City Council. Such authorization by the City Council shall only be given as improvements are installed equal in value to funds released.

Except as otherwise provided in the surety bond or letter of credit approved by the corporate authorities of the City, the remaining 10% may only be released when the City Engineer notifies the City Clerk, in writing, that all improvements have been completed in a satisfactory manner. The City Clerk shall, upon authorization from the City Council, release all funds. Whenever improvements are to be dedicated to another authority, school district, road district, park, or other government, such improvements shall be accepted or approved before the release of all funds.

§ 330-5.19 Maintenance guarantee: letter of credit, bond or escrow agreement.

[Added 8-21-2000 by Ord. No. 1868]

Conditional acceptance.

Prior to the City accepting dedication and ownership of subdivision capital improvements or facilities intended to be dedicated to and owned by the City (including but not limited to street pavement, curbing, guttering, storm sewers, sanitary sewers, and potable water distribution lines and facilities), the subdivider shall:

Provide the City Council with a written certification signed and sealed by a professional engineer licensed to practice engineering in the State of Illinois, attesting that subdivision capital improvements sought to be dedicated to the City have been constructed and installed in compliance with the City's Subdivision Code, Building Code and the other codes and ordinances of the City applicable thereto; and

Provide to the City Clerk a maintenance guarantee in compliance with the requirements of this section of the City's Subdivision Code, as hereinafter made and provided for.

Notwithstanding anything contained in this Subdivision Code to the contrary, acts of maintenance by the City on subdivision capital improvements to be dedicated to and owned by the City shall not be construed or deemed to be or constitute acceptance of ownership of and the future maintenance responsibility for the capital improvements. "Acts of maintenance" with regard to streets may include, but are not limited to: snow removal, street sweeping, payment of energy charges on streetlights, and installation and repair of street signs. Acceptance of City ownership of and the maintenance responsibility for subdivision infrastructure capital improvements shall be by enactment of an appropriate ordinance by the City Council and delivery to the City of a good and sufficient bill of sale for the capital improvements by the subdivider.

Maintenance guarantee. The maintenance guarantee to be provided to the City by the subdivider shall be in the form of an irrevocable letter of credit, an insurance bond or escrow agreement. With regard thereto the following shall apply:

To be an acceptable maintenance guarantee, a letter of credit must be issued by a financial institution acceptable to the City which is in good standing and authorized to do business in the State of Illinois; an insurance bond must be issued by an insurance company acceptable to the City which is in good standing and authorized to do business in the State of Illinois; and an escrow agreement must be for a cash escrow established at a financial institution approved by the City making funds readily available for use by the City in the event of the default of performance by the subdivider and shall be subject to the provisions of Section 11-39-3 (Builder or Developer Cash Bond) of the Illinois Municipal Code (65 ILCS 5/11-39-3), as amended.

[Amended 10-330-330-2000 by Ord. No. 1886]

The maintenance guarantee shall be in an original principal sum equal to 25% of the cost to construct the capital improvements to be dedicated to the City, as determined by the City Engineer.

[Amended 10-330-2000 by Ord. No. 1886]

The maintenance guarantee shall be in a form acceptable to the City Attorney and shall be in force for the period of two years from the date of the City's acceptance of the capital improvements secured by the maintenance guarantee. Not less than 60 days prior to the expiration of the maintenance guarantee, the surety on the maintenance guarantee (financial institution issuing the letter of credit, insurance company issuing the bond or the escrow agent on the escrow agreement) shall notify the City Clerk, by registered mail, return receipt requested, of the impending expiration date. The maintenance guarantee shall so state. Failure to give the required notice shall extend the expiration date of the maintenance guarantee so that under no circumstances shall the maintenance guarantee expire until 60 days after the City's receipt of said written notice of expiration.

[Amended 10-330-2000 by Ord. No. 1886]

If at any time during the guarantee period the capital improvements accepted by the City are found by the City to be in need of repair or replacement, due to any cause whatsoever, the subdivider shall repair or replace the same, within such reasonable time as the City shall require, in compliance with the applicable City codes and ordinances.

In the event it is necessary for repairs or replacements of capital improvements to be made during the effective term of the maintenance guarantee, the maintenance guarantee shall only be released by the City Council upon final inspection and approval of the repairs or replacements by the City Engineer or his designee. Release of the maintenance guarantee shall be by enactment of an appropriate ordinance or resolution by the City Council. It shall be the responsibility of the subdivider to request final inspection of repairs or replacements made to capital improvements secured by a maintenance guarantee within 60 days of their completion, but in all cases not less than 30 days before the end of the term of the maintenance guarantee. Failure to give that notice shall extend the term of the maintenance guarantee to not less than 60 days after the date of delivery of the notice to the City.

§ 330-5.20 Telecommunications antennas and support structures.

[Added 5-2-2005 by Ord. No. 2355]

Name. This section shall be known and may be cited and referred to as the "Telecommunications Antennas and Support Structure Ordinance of the City of Columbia, Illinois" (hereinafter referred to as "this section").

Purposes. The general purpose of this section is to regulate the placement construction and modification of telecommunications towers, support structures, and antennas in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications industry in the City. Specifically, this section is intended:

To be consistent with the Telecommunications Act of 1996;

To provide reasonable regulations for location and erection of communication antennas, concealed communication antennas, stealth antennas and communication towers;

To recognize the rights of individuals to erect and maintain small receive-only antennas, including satellite dish antennas less than one meter in diameter;

To encourage competition in the telecommunications industry but discourage a proliferation of many communication towers or many buildings with unsightly communication antennas;

To allow and encourage stealth and concealed communication antennas to be located in appropriate areas of the City subject to reasonable conditions enumerated in the City's Zoning Ordinance and additional reasonable conditions imposed by the City Council;

(6)

To allow wireless communications facilities as conditional uses in the appropriate business, commercial and industrial zoning districts and on city-owned property if approved by the City Council;

(7)

To co-locate multiple communication providers on a single tower or other facility whenever possible;

(8)

To provide for co-location of at least two additional communication providers in the future when a new communication tower or similar or suitable structure is erected within the City by a provider of cellular or personal communication services (PCS);

(9)

To require inspection on an annual basis of communication towers and other structures supporting communication antennas to ensure the integrity of such structures;

(10)

To maximize the use of building materials, colors, textures, screening and landscaping to effectively blend the facilities with the surrounding natural setting and built environment in designing communication facilities;

(11)

To provide for preferences in allowing wireless communication facilities in the following order of preference, to wit: concealed communication antenna, roof-mounted communication antenna, stealth communication towers, monopole towers, and lastly guyed towers;

(12)

To require height and setback requirements which are generally applicable to principal uses in the applicable zoning district for all accessory uses, and any guy wire anchors;

(13)

To require for guyed communication towers that all guy wire anchor locations, equipment shelter structures or buildings, fencing, and similar structures or improvements be located on the same parcel of land occupied by the communication tower;

(14)

To prohibit advertising signs or lights to be allowed on any communication facility, and to require other signage or lighting pertaining thereto to comply with the City of Columbia street graphic control ordinance;

(15)

To require that any site containing a communication tower shall be surrounded by a sight-proof fence of at least six feet, and to provide that additional screening may be required by the City Council based on the location and characteristics of the site;

(16)

To require as a condition of site location approval by the City, that the owner/operator of every wireless communication facility located within the City shall submit an annual report to the City documenting compliance with its special use permit and documenting compliance with all applicable federal regulations, including regulations in effect when the permit was issued and any subsequently adopted or amended regulations;

(17)

To require that the policies stated above in Subsection B of this section shall be implemented by adoption of this comprehensive set of amendments to the City's Zoning Code.

Findings and declarations.

On February 8, 1996, the Congress of the United States of America enacted the Federal Telecommunications Act (1996 Public Law 104-104) for multiple purposes, including deregulation of the telecommunications industry for providing a more competitive environment for wired and wireless telecommunication services in the United States of America.

The Act preserves the authority of the City to enact legislation to regulate the construction, placement, and operation of telecommunications towers and antennas pursuant to its zoning powers established in Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1 et seq., including Section 5/11-13-1.1 pertaining to "special uses") and, in addition thereto, pursuant to the authority granted by the Illinois Municipal Code to Illinois municipalities to pass and enforce all necessary police ordinances to regulate the health, safety and welfare of the public (65 ILCS 5/11-1-1).

The Federal Communications Commission (FCC) has exclusive jurisdiction over:

The regulation of the environmental effects of radiofrequency emissions from telecommunication facilities; and

The regulation of radio signal interference among users of the radiofrequency spectrum.

Consistent with the Telecommunications Act of 1996, the regulations contained in this section will not have the effect of prohibiting the provision of personal wireless services, and do not unreasonably discriminate among functionally equivalent providers of such service; do impose reasonable restrictions to protect the public safety and welfare and ensure opportunities for placement of antennas with prompt approval by the City; and do not attempt to regulate in areas within the exclusive jurisdiction of the FCC.

COMMUNICATION TOWER MULTI-USE INTEREST AREA

The uncontrolled proliferation of telecommunication towers in the City is threatened without adoption of new regulations, which proliferation would diminish property values, the aesthetic quality of life in the City, and would otherwise threaten the public health, safety and welfare.

Definitions. As used in this section, the following terms shall have the meanings and usages indicated:

AGL (ABOVE GROUND LEVEL)

Ground level shall be determined by the average elevation of the natural ground level within a radius of 50 feet from the center location of measurement.

ANTENNA

Any device that transmits and/or receives radiowaves for voice, data or video communications purposes, including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications. The term shall exclude satellite earth station antennas less than two meters in diameter (mounted within 12 feet of the ground or building-mounted) and any receive-only home television antennas.

CABINET

A structure for the protection and security of communications equipment associated with one or more antennas where direct access to equipment is provided from the exterior and that has horizontal dimensions that do not exceed four feet by six feet, and a vertical height that does not exceed six feet.

An area as designated by the map of the same title indicating general locations in which more than one wireless service provider may potentially seek to locate an antenna facility and in which the construction of co-locatable towers will be required. The map may be periodically revised in response to new information received regarding tower sites sought by wireless providers. A multi-use interest area shall be designated as appropriate for towers within one mile of each other, unless the applicant demonstrates to the contrary. The multi-use interest area map shall include the area within the City limits and within 1 1/2 miles of its corporate boundaries.

DIRECTOR

The City Zoning Administrator or his/her designee.

DISGUISED SUPPORT STRUCTURE

Any freestanding, man-made structure designed for the support of antennas, the presence of which is camouflaged or concealed as an appropriately placed architectural or natural feature, such as stealth antennas. Depending on the location and type of disguise used, such concealment may require placement underground of the utilities leading to the structure. Such structures may include but are not limited to clock towers, freestanding bell towers, observation towers, light standards, flag poles and artificial trees.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT

The vertical distance measured from the average grade of the base of the structure at ground level to its highest point, and including the main structure and all attachments thereto.

INCIDENTAL USE

Any use authorized herein that exists in addition to the principal use of the property.

MODIFICATION

Any addition, deletion, or change, including the addition or replacement of antennas, or any change to a structure requiring a building permit or other governmental approval.

SHELTER

A building for the protection and security of communications equipment associated with one or more antennas and where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antennas is prohibited.

SUPPORT STRUCTURE

A tower or disguised support structure.

TOWER

A structure designed for the support of one or more antennas and including guyed towers, self-supporting (lattice) towers or monopoles but not disguised support structures or buildings. The term shall also not include any support structure including attachments of 65 feet or less in height owned and operated solely for use by an amateur radio operator licensed by the FCC.

General requirements. The requirements set forth in this section shall be applicable to all towers, antennas and other support structures installed, built or modified after the effective date of this section to the full extent permitted by law.

Principal or incidental use. Antennas and support structures may be either a principal use in all zoning districts or an incidental use to institutional or nonresidential uses, subject to any applicable district requirement relating to yard space or setback.

Building codes, safety standards, and zoning compliance. To ensure the structural integrity of antenna support structures, the owner shall see that it is constructed and maintained in compliance with all standards contained in applicable state and local building codes and the applicable standards published by the Electronics Industries Association, as amended from time to time. In addition to any other approvals required by this section, no antenna, tower, or support structure shall be erected prior to receipt of a certificate of zoning compliance and the issuance of a building permit.

Regulatory compliance. All antennas and support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other state or federal agency with the authority to regulate communications antennas and support structures. This shall include compliance with federal regulations or standards for exposure to nonionizing electromagnetic radiation (NIER) and the standard for human exposure C95.1-1992 of the American National Standards Institute (ANSI). Should such standards or regulations be amended, then the owner shall bring such devices and structure into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction or modification of any antenna or structure permitted by this section shall be granted for any applicant having an uncured violation of this section or any other governmental regulatory requirement related to such antenna or structures within the City.

Security. All antennas and support structures shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build or modify antennas or support structures. Additional measures may be required as a condition of the issuance of a building permit or administrative permit as deemed necessary by the Zoning Administrator or by the City Council before issuance of the special use permit.

Lighting. Antennas and support structures shall not be lighted unless required by the FAA or other state or federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build or modify the antennas or support structure. Equipment cabinets and shelters may have lighting only as approved by the Zoning Administrator on the approved site development plan.

(6)

Advertising. Except for a disguised antenna support structure in the form of an otherwise lawfully permitted sign under the City's street graphics control ordinance, the placement of advertising on structures regulated by this section is prohibited.

(7)

Design.

Subject to the requirements of the FAA or any applicable state or federal agency, towers shall be painted a neutral color consistent with the natural or built environment of the site.

Equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site as approved by the City Council and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located.

Towers shall not exceed the height limitation of any airport overlay zone as may be adopted by the City.

(d)

Antennas attached to a building or disguised antenna support structure shall be of a color identical to or closely compatible with the surface to which they are mounted.

(e)

All towers shall be surrounded by a minimum six-foot-high decorative wall constructed of brick, stone or comparable masonry materials and a landscape strip of not less than 10 feet in width and planted with materials which will provide a visual barrier to a minimum height of six feet. The landscape strip shall be exterior to any security wall. In lieu of the required wall and landscape strip, an alternative means of screening may be approved by the City Council in the case of a special use permit, upon demonstration by the applicant that an equivalent degree of visual screening will be achieved.

(f)

All towers, disguised support structures, and related structures, fences and walls shall be separated from the property line of any adjacent property zoned for a residential use at least a distance equal to the height of the tower, and shall be separated from all other adjacent property lines at least a distance equal to one-half of the height of the tower or structure.

(g)

Vehicle or outdoor storage on any tower site is prohibited, unless otherwise permitted by the zoning.

(h)

On-site parking for periodic maintenance and service shall be provided at all antenna or tower locations consistent with the underlying zoning district.

(8)

Shared use (co-habitation or co-location).

Existing towers. Prior to the issuance of any permit to alter or modify any tower existing on the effective date of this section, the owner shall provide to the City a written and notarized agreement committing to make such tower available for use by others, subject to reasonable technical limitations and reasonable financial terms. The willful and knowing failure of a tower owner to agree to shared use or to negotiate in good faith with potential users shall be unlawful and shall, among other remedies of the City, be cause for the withholding of future permits to the same owner to install, build, or modify antennas or towers within the City.

Tower inventories. Prior to the issuance of any permit to install, build or modify any tower, the tower owner shall furnish the Zoning Administrator an inventory of all of that owner's towers in or within one mile of the City limits of Columbia, Illinois. The inventory shall include the tower's reference name or number, the street location, latitude and longitude, structure type, height, type and mounting height of existing antennas and an assessment of available ground space for the placement of additional equipment shelters. Upon being modified, any such tower shall be placed on the multi-use interest area map for required co-habitation.

Shared use required for new towers. Any new tower approved at a height of 60 feet above ground level (AGL) or higher shall be designed and constructed to accommodate at least two additional users unless a larger number is indicated by the response to the notification provisions of this section. A written agreement committing to shared use as required by Subsection E(8) of this section shall be submitted by the tower applicant. The willful and knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential users shall be unlawful and shall be a violation of this section and, among other remedies of the City, shall be cause for the withholding of future permits to the same owner to install, build or modify antennas or towers within the City.

(d)

Communications tower multi-use area map. Any new tower approved within a communication tower multi-use interest area, as designated by the map of the same title, shall be designed and constructed to accommodate the number of users indicated by the plan to the extent feasible. The willful and knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential users shall be a violation of this section and, among other remedies of the City, shall be cause for the withholding of future permits to the same owner to install, build or modify antennas or towers within the City.

(e)

Notice of tower applications. Prior to any application for the construction of a new tower or disguised support structure, a copy of the application or a summary containing the height, design, location and type and frequency of antennas shall be delivered by applicant by certified mail to all known potential tower users as identified by a schedule maintained by the Zoning Administrator. Proof of such delivery shall be submitted with the application to the City. The Zoning Administrator may establish a form required to be used for such notifications. Upon request, the Zoning Administrator shall place on a list the name and address of any user of towers or prospective user to receive notification of applications. The Zoning Administrator shall, before deciding on the application or forwarding it to the City Council for consideration, allow all persons receiving notice at least 10 business days to respond to the City and the applicant that the party receiving notice be permitted to share the proposed tower or locate within one mile of such area. Where two or more parties seek to locate within one mile of each other, or such other distance as is demonstrated to the Zoning Administrator to be reasonable pursuant to the objectives of this section, the Zoning Administrator shall designate such area as a multi-use interest area on the map. The failure of the receiving party to use this process or respond to any such notice shall be considered cause for denying requests by such party for new towers or structures.

(f)

Appeal of shared use violations. Any party seeking shared use of a tower subject to this provision shall, after responding to notice of an application, negotiate with the applicant for such use. The applicant may on a legitimate and reasonable business basis choose between multiple requests for shared use on the same tower or structure, and may reject any request where legitimate technical obstacles cannot be reasonably overcome or where the party requesting shared use will not agree to reasonable financial terms. Any party believing that the applicant has breached its duty to negotiate in good faith for shared use shall immediately notify the applicant and the Zoning Administrator in writing. The Zoning Administrator may reject the application upon a finding that shared use has been improperly denied. A notice of breach of duty shall explain the precise basis for the claim and shall be accompanied by payment of an administrative review fee of $500 to the City to offset the cost of review. After the applicant's receipt of the notice, the applicant shall have 10 calendar days to provide a written submission to the Zoning Administrator responding to the alleged violation of the shared use requirement. If deemed necessary by the Zoning Administrator, he/she may engage, at the cost of the party alleging the violation, a neutral, qualified technical consultant to provide an opinion on feasibility or costs of the shared use request. If the Zoning Administrator receives a notice alleging a violation of the shared use requirement, the time for a decision on an administrative permit is automatically extended for up to 30 days until the Zoning Administrator has determined that the applicant has complied. An application for a special use permit shall not be deemed complete for acceptance until a decision on compliance is reached.

Permitted uses. The placement of antennas and towers is permitted in all zoning districts only as follows:

The attachment of additional or replacement of antennas or shelters to any tower existing on the effective date of this section and subsequently approved in accordance with these regulations;.

The mounting of concealed antennas which can be placed inside tall structures such as steeples or on any existing buildings or structure, such as a City water tank, provided that the presence of the antennas is concealed by architectural elements.

The mounting of antennas on or within any existing high-voltage electric transmission tower, but not exceeding the height of such tower by more than 10 feet.

The installation of antennas or the construction of a tower or support structure on buildings, structures or land owned by the City following the approval of a lease agreement by the City Council.

Authorization by administrative permit.

The placement of antenna and towers is permitted in all zoning districts by administrative permit approved by the Zoning Administrator only as follows:

The attachment of additional or replacement antennas or shelters to any tower existing on the effective date of this section or subsequently approved in accordance with these regulations and requiring the enlargement of the existing tower compound area as long as all other requirements of this section and the underlying zoning district are met.

The one-time replacement of any tower existing on the effective date of this section or subsequently approved in accordance with these regulations so long as the purpose of the replacement is to accommodate shared use of the site or to eliminate a safety hazard. The new tower shall be of the same type as the original, except that a tower of higher type preference can be used to replace a tower of lower type preference, the order of preference (highest to least) being based upon the following order: stealth communication tower, monopole tower, lattice tower, and guyed tower. If a guyed or lattice tower to be replaced is 180 feet or less in height, it shall only be replaced with a monopole. The height of the new tower may exceed that of the original by not more than 20 feet. Subsequent replacements shall require the approval of a special use permit.

Towers erected and maintained for a period not to exceed 45 days for the purpose of replacing an existing tower, testing an existing or proposed network, or special events requiring mobile towers.

Application procedures. Applications for administrative permits shall be made on the appropriate forms to the zoning administration and accompanied by payment of $500, or such other fee as may be established by the City Council.

A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted with the application indicating all existing and proposed improvements, including buildings, drives, walkways, parking areas and other structures, public rights-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features, the coordinates and height AGL of the existing or proposed tower, and a title insurance commitment or equivalent land title report disclosing the type and location of easements, limitations and restrictions of record that affect the host parcel.

The application shall be reviewed by the zoning administration to determine compliance with the above standards and transmitted by the Zoning Administrator for review and comment by the City Engineer and other departments and public agencies as may be affected by the proposed facility.

The Zoning Administrator shall issue a decision on the permit within 60 days of the date the application and all required supporting data are filed with the Zoning Administrator by the applicant or the application shall be deemed approved unless the time period for review and action was extended by mutual agreement between the Zoning Administrator and the applicant. Failure of the applicant to timely file required supporting data with the Zoning Administrator will be grounds for the Zoning Administrator to deny the application or to extend the time for deciding on the application. The Zoning Administrator may deny the application or approve the application as submitted or with such modifications as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with the purposes of this section. The Zoning Administrator may consider the purposes of this section and the factors established herein for granting a special use permit as well as any other considerations consistent with this section. A decision to deny an application shall be made in writing and state the specific reasons for the denial.

Appeals. Appeals from the decision of the Zoning Administrator shall be made to the Zoning Board of Appeals and the City Council in the same manner as is otherwise provided for the appeal of decisions of the Building Official/Zoning Administrator with regard to denial of applications for zoning variances and/or special exceptions pursuant to Section 17.08.020 through Section 17.08.050 of the City's Zoning Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Special use permit required. All proposals to install, build or modify an antenna or support structure not permitted by Subsection F or G of this section shall require the approval for and issuance of a special use permit, following a duly advertised public hearing by the Zoning Board of Appeals, subject to the following limitations:

Applications for special use permits. Applications for special use permits shall be filed and processed subject to the requirements of and in the manner and time frame as established in Section 17.40.010 of the City's Zoning Code. A decision of the City Council shall be accompanied by substantial evidence supporting the decision, which shall be referred to in the ordinance authorizing the issuance of the special use permit. Evidence may be submitted with the application or thereafter or presented during the public hearing by the applicant or others.

Additional minimum requirements. No special use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of an antenna or support structure pursuant to Subsection F, Permitted uses, or Subsection G, Authorization by administrative permit, of this section is not technologically or economically feasible. The City Council may consider current or emerging industry standards and practices, among other information, in determining feasibility.

Findings required.

In addition to the determinations or limitations specified in this Subsection H and by Section 17.40.010 of the Zoning Code for the consideration of special use permits, the City Council shall also base its decision upon, and shall make findings in the ordinance authorizing the special use permit as to the existence of the following conditions:

[1]

That the proposed tower is not and cannot be located within a communications tower multi-use interest area as designated by such map, or, if so located, meets the co-habitation requirements of this section.

[2]

No existing towers, structures or buildings available to be used by applicant within the necessary geographic area for the applicant's tower meet the applicant's necessary engineering requirements considering:

[a]

Height;

[b]

Structural strength;

[c]

Resulting signal interference;

[d]

Feasibility of retrofitting;

[e]

Feasibility of redesigning the applicant's tower network; or

[f]

Other limiting conditions that render towers, structures or buildings within the applicant's required geographic area unsuitable.

[3]

That the design of the tower or structure, including the antennas, shelter and ground layout, maximally reduces visual degradation and otherwise complies with the provisions and intent of this section. New towers shall be of a monopole design, unless it is shown that an alternative design would equally or better satisfy this provision.

[4]

That the proposal minimizes the number and/or size of towers or structures that will be required in the area.

[5]

That the applicant has not previously failed to take advantage of reasonably available shared use opportunities or procedures provided by this section or otherwise.

[6]

That no land owned by any agency of the federal or state government, or by any political subdivision of the state, is available for locating the structure or tower.

[7]

That the tower or structure will be located in a zoning district where such towers or structures are authorized by special use permit in the City.

If any one, but not more than one, of the first six Subsection H(3)(a)[1] through [6] of this section determinations is not satisfied, approval may be granted only on a finding of unique circumstances otherwise necessitating approval to satisfy the purposes of this section.

Additional height limitations. No tower shall be approved at a height exceeding 150 feet AGL unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system or that of a public safety communications system of a governmental entity sharing the tower. Such showing must also be supported by the opinion of a telecommunications consultant hired by the City at the expense of the applicant. The opinion of the consultant shall include a statement that no available alternatives exist to exceeding the height limit or the reason why such alternatives are not viable.

Obsolete noncomplying tower structures. Any upper portion of a tower which is not occupied by active antennas for a period of 12 months, and any entire tower which is not so occupied for a period of six months, shall be removed at the owner's expense. Removal of upper portions of a tower manufactured as a single unit shall not be required. Failure to comply with this provision shall constitute a nuisance that may be remedied by the City at the tower owner's or property owner's expense. Any applicant for a new tower or disguised structure not built as a disguised part of another existing or permitted structure shall place a bond, letter of credit, cash or cash equivalent escrow, or other City Council approved security ("security") in a sum or amount equal to 125% of the amount the City Engineer or other consultant employed by the City, and paid for by the applicant, determined would be required for the purposes hereinafter mentioned, with the City prior to any final approval for the purpose of removing any tower or disguised structure as required herein and to compensate the City for performing proper maintenance of such towers or disguised structures to ensure such structures do not become unsafe or otherwise fail to be maintained in compliance with this section. The security shall be in a form approved by the City Council, and in the minimum amount of $15,000, or such other amount as is determined by the City Council to satisfy the requirements hereof with regard to the specific tower or structure to which it would apply.

Commercial operation of unlawful tower or antennas. Notwithstanding any right that may exist for a governmental entity to operate or construct a tower or structure, it is unlawful for any person to erect or operate for any private commercial purpose any antenna, tower or disguised support structure in violation of any provision of this section, regardless of whether such antenna or structure is located on land owned by a governmental entity.

Inspection.

Communication towers and other structures supporting communication antennas shall be inspected by the tower owner or the tower owner's designee and a written report of the results of the inspection filed with the Zoning Administrator by May 1 of each year, commencing with the first full year following completion of the installation. Failure to do so shall constitute a violation of this section for which one or more of the penalties provided by Subsections L and/or M of this section may be assessed.

At reasonable times and after at least three days' prior notice to the tower owner (or the tower owner's designee stated in his application), the City, for good cause as determined by the Zoning Administrator, may have the tower and/or structure supporting the tower inspected by a consultant in the field of expertise required and at the expense of the owner of the tower or the owner of the property on which the tower is located.