For purposes of this article, the following terms, phrases,
words, and their derivatives shall have the meanings set forth in
this section, unless the context clearly indicates that another meaning
is intended:
ABANDONED FACILITIES
Any equipment materials, apparatuses, devices, or facilities
that:
A.
Are declared abandoned by the owner of such equipment or facilities;
B.
Are no longer in active use for a period of six months or more,
and the owner of such equipment or facilities fails to respond within
30 days to a written notice sent by the City;
C.
The owner allows a franchise, license, or other written authorization
to expire and fails to cure within 30 days after notice; or
D.
Otherwise may be defined by applicable law.
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 wireless radio
waves for voice, data, or video communications purposes, including,
but not limited to, television, AM/FM radio, texts, 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.
APPLICANT
Any person who has applied for a franchise, license, ROW
permit, or any permit or other authorization to install, maintain,
repair, or otherwise physically access facilities in the ROW.
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 vertical
height that does not exceed six feet.
CITY UTILITY POLE
A utility pole owned or operated by the City in public rights-of-way.
DIRECTOR
The Director of Public Works or his/her designee or official
acting in such capacity.
EXCAVATION PERMIT
A permit authorizing excavation for the construction or installation
of facilities in the City's rights-of-way.
EXCAVATION, EXCAVATING, or EXCAVATE
Any act by which earth, asphalt, concrete, sand, gravel,
rock, or any other material in or on the ground is cut into, dug,
uncovered, removed, or otherwise displaced, by means of any tools,
equipment, or explosives, except as excluded by applicable law.
FAA
The Federal Aviation Administration.
FACILITIES MAINTENANCE PERMIT
A permit issued by the City for the ROW user to provide maintenance
to its facilities or otherwise perform work in the ROW that does not
involve excavation but requires physical access to the facilities
in the ROW.
FACILITY or FACILITIES
Any equipment, installation, or structure located in the
rights-of-way, including, without limitation, cables, wires, lines,
poles, towers, antennas, conduit facilities, vaults, pedestals, transmitters,
meters, fiber, foundations, and any other equipment, infrastructure,
structures, or obstruction. Facilities shall not include mailboxes,
lawful vehicular parking, or use of lawful minor incidental uses such
as driveway aprons, private utility connections, or other incidental
facilities which may be permitted by license issued by the Director
as provided herein.
FCC
The Federal Communications Commission.
FRANCHISE or FRANCHISE AGREEMENT
A binding and accepted ordinance for certain ROW users to
occupy the rights-of-way for the purpose of providing, transporting,
or distributing electricity, gas, water, steam, lighting, energy,
cable, telecommunications, sewer, or any other service to any person
or area in the City's limits and boundaries.
LICENSE
The executed agreement between the City and a person to use
and occupy the rights-of-way for the purpose of installing incidental
temporary facilities within the rights-of-way or incidental uses such
as ingress and egress facilities, lateral utility lines, or driveway
aprons.
PERSON
An individual, corporation, limited-liability company, partnership,
association, trust, or other entity or organization.
RIGHTS-OF-WAY (OR ROW) USER
All persons and entities, whether an Illinois Commerce Commission
registered entity or otherwise, owning, controlling, leasing, maintaining,
using, or installing facilities in the rights-of-way of the City,
not otherwise expressly exempted. "ROW user" shall also include any
entity defined by the Small Wireless Act as a "wireless provider".
To the extent permitted by law, "ROW user" shall not include the City.
RIGHTS-OF-WAY or ROW
The area on, below, or above a public roadway, highway, street,
or alleyway in which the City has an ownership interest or right of
management, and including such adjacent areas within such public ways
within such City control, except as may be limited by applicable law.
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 antenna is prohibited.
SMALL WIRELESS ACT
Public Act 100-0585, otherwise known as the "Small Wireless
Facilities Deployment Act."
SMALL WIRELESS FACILITY
A wireless communications facility that meets both of the
following qualifications:
A.
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
B.
All other wireless equipment attached to a utility pole or support
structure, associated with the small wireless facility, is cumulatively
no more than 25 cubic feet in volume, calculated to the extent permitted
by applicable law.
SUPPORT STRUCTURE
A freestanding structure such as a billboard or other structure
designed to, or capable of, supporting wireless communications facilities.
A support structure shall not include a utility pole.
UTILITY POLE
A pole or similar structure that is used in whole or in part
by a ROW user or for electric distribution, lighting, or traffic control.
"Utility pole" shall not include a support structure.
In addition to any rights specifically reserved to the City
by this article, the City reserves unto itself every right and power
which is required to be reserved by a provision of any ordinance under
any registration, permit, or other authorization granted under this
article, and as may be authorized by the 1970 Illinois Constitution
or any other authority applicable to regulation of the use of the
rights-of-way. Notwithstanding anything to the contrary set forth
herein, the provisions of this article shall not infringe upon the
rights of any person pursuant to any applicable state or federal statutes,
including, but not limited to, any right that may exist to occupy
the rights-of-way.