[Ord. 2018-48, 7-2-2018]
(a)
Purposes. The purposes of this chapter are to:
(1)
Establish regulations, standards, and procedures for the siting
and collocation of small wireless facilities on rights-of-way within
the Village's jurisdiction, or outside the rights-of-way on property
zoned by the Village exclusively for commercial or industrial use,
in a manner that is consistent with the Small Wireless Facilities
Deployment Act[1] while minimizing the visual impacts associated with small
wireless facilities; and
[1]
Editor's Note: See 50 ILCS 835/1 et seq.
(2)
Encourage creative approaches in locating and designing small
wireless facilities that blend in with the surroundings of such facilities.
(b)
Goals. The goals of this chapter are to:
(1)
Encourage the collocation of small wireless facilities while
minimizing the total number of wireless support structures throughout
the Village;
(2)
Encourage the joint-use of new and existing wireless support
structures;
(3)
Encourage small wireless providers to locate small wireless
facilities, to the extent feasible, at locations where the adverse
visual impact on the neighborhoods of the Village is significantly
minimized;
(4)
Encourage small wireless providers to configure small wireless
facilities in ways that minimize the adverse visual impact of the
wireless support structures; and
(5)
Enhance the ability of the small wireless service provider to
provide such services to the community quickly, effectively, and efficiently.
(c)
Interpretation. The provisions of this chapter shall be interpreted
and applied in order to comply with the provisions of the Small Wireless
Facilities Deployment Act, 50 Illinois Compiled Statutes 835/1, et
seq.
(d)
Conflicts with Other Ordinances. This chapter supersedes all ordinances
or parts of ordinances adopted prior hereto, that are in conflict
herewith, to the extent of such conflict.
(e)
Conflicts with State and Federal Laws. In the event that applicable
Federal or State laws or regulations conflict with the requirements
of this chapter, the wireless provider shall comply with the requirements
of this chapter to the maximum extent possible without violating Federal
and State laws or regulations.
[Ord. 2018-48, 7-2-2018]
For the purposes of this chapter, 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.
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 Village for a
permit to collocate small wireless facilities, and a request that
includes the installation of a new utility pole for such collocation,
as well as any applicable fee for the review of such application.
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 USC 522(6), as amended; information
service, as defined in 47 USC 153(24), as amended; telecommunications
service, as defined in 47 USC 153(53), as amended; mobile service,
as defined in 47 USC 153(53), as amended; or wireless service other
than mobile service.
A cable operator, as defined in 47 USC 522(5), as amended;
a provider of information service, as defined in 47 USC 153(24), as
amended; a telecommunications carrier, as defined in 47 USC 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: a) listed in the National Register of Historic
Places or formally determined eligible for listing by the Keeper of
the National Register, the individual who has been delegated the authority
by the Federal agency to list properties and determine their eligibility
for the National Register, in accordance with section VI.D.1.a.i through
section VI.D.1.a.v of the Nationwide Programmatic Agreement codified
at 47 CFR Part 1, appendix C; or b) designated as a locally landmarked
building, property, site, or historic district by an ordinance adopted
by the Village 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 no 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 Village in public
rights-of-way.
A written authorization required by the Village 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 Village-owned aerial lines.
A wireless 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 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, and 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: a)
equipment associated with wireless communications; and b) 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: a) the structure or improvements on, under, or within
which the equipment is collocated; or b) 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 Village.
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.
[Ord. 2018-48, 7-2-2018]
(a)
Permitted Use. Small wireless facilities shall be classified as permitted
uses and subject to administrative review, except for applications
including requested variations from the requirements of this chapter
as specified herein, and not subject to zoning review or approval
if they are collocated: 1) in rights-of-way in any zoning district,
or 2) outside rights-of-way in property zoned exclusively for commercial
or industrial use.
(b)
Permit Required. No person shall place, construct, reconstruct or
modify a small wireless facility within the Village without a permit.
An applicant shall obtain one or more permits from the Village to
collocate 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 Village, together with the Village's
Small Wireless Facilities Permit Application, as a condition of any
permit application to collocate small wireless facilities on a utility
pole or wireless support structure:
(A)
Site specific structural integrity and, for a Municipal utility
pole, make-ready analysis prepared by a structural engineer, as that
term is defined in Section 4 of the Structural Engineering Practice
Act of 1989;
(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
shall include a photo simulated 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, for each proposed small wireless facility covered
by the application as it is proposed to be installed, to include dimensional
details of small wireless facilities and mounting hardware used to
attach equipment to the utility pole or small wireless support structure;
(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;
(F)
Certification that the collocation complies with Section 10B-4, "Collocation Requirements And Conditions," of this chapter, to the best of the applicant's knowledge;
(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
Village, the wireless provider shall provide legally competent evidence
of the consent of the owner of such pole to the proposed collocation;
and
(H)
In the event that the proposed small wireless facility is to
be attached to an existing pole owned by the Village, the wireless
provider shall be required to enter into a pole usage agreement pursuant
to Subsection (b)(2)(E) of this section.
(I)
Specific designation of any proposed small wireless facility
as an "eligible facility request," as that term is defined in the
Federal Telecommunications Act, 42 USC Section 1455.
(2)
Application Process. The Village shall process applications
as follows:
(A)
First Completed Application. The first completed application
shall have priority over applications received by different applicants
for collocation on the same utility pole or wireless support structure.
(B)
Application to Collocate or Replace. An application to collocate
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 Village fails to approve or deny
the application within 90 days after the submission of a completed
application.
However, if an applicant intends to proceed with the permitted
activity on a deemed approved basis, the applicant shall notify the
Village in writing of its intention to invoke the deemed approved
remedy no sooner than 75 days after the submission of a completed
application.
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 Village. The receipt
of the deemed approved notice shall not preclude the denial of the
permit request within the time limits as provided under this chapter.
(C)
Collocate a Small Wireless Facility. An application to collocate
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 Village fails to approve or deny the application within
120 days after the submission of a completed application.
However, if an applicant intends to proceed with the permitted
activity on a deemed approved basis, the applicant shall notify the
Village in writing of its intention to invoke the deemed approved
remedy no sooner than 105 days after the submission of a completed
application.
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 Village. The receipt
of the deemed approved notice shall not preclude the Village's
denial of the permit request within the time limits as provided under
this chapter.
(D)
Denial of Application. The Village shall deny an application which does not meet the requirements of this chapter, including but not limited to Sections 10B-4 and 10B-13 of this chapter.
If the Village determines that applicable codes, ordinances, or regulations that concern public safety, or the collocation requirements and conditions stated in Section 10B-4 of this chapter require that the utility pole or wireless support structure be replaced before the requested collocation, approval shall be conditioned on the replacement of the utility pole or wireless support structure at the cost of the provider.
The Village 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 Village denies an application.
The applicant may cure the deficiencies identified by the Village
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 Village 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 applicant to submit a new application
with applicable fees, and recommencement of the Village's review
period. The applicant must notify the Village in writing of its intention
to proceed with the permitted activity on a deemed approved basis,
which may be submitted with the revised application.
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 collocated 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 collocate a small wireless facility on a Municipal utility
pole, the Village and the applicant shall enter into a Master Pole
Attachment Agreement provided by the Village for the initial collocation
on a Municipal utility pole by the applicant. For subsequent approved
permits to collocate on a small wireless facility on a Municipal utility
pole, the Village 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 Village shall determine whether the application
is complete and notify the applicant. If an application is incomplete,
the Village must specifically identify the missing information. An
application shall be deemed complete if the Village fails to provide
notification to the applicant within 30 days after all documents,
information, and fees specifically enumerated in the Village's
permit application form are submitted by the applicant to the Village.
Processing deadlines are tolled from the time the Village sends
the notice of incompleteness to the time the applicant provides the
missing information.
(5)
Consolidated Applications. An applicant seeking to collocate
small wireless facilities within the jurisdiction of the Village shall
be allowed, at the applicant's discretion, to file a consolidated
application and receive a single permit for the collocation of up
to 25 small wireless facilities if the collocations each involve substantially
the same type of small wireless facility and substantially the same
type of structure.
If an application includes multiple small wireless facilities,
the Village may remove small wireless facility collocations from the
application and treat separately small wireless facility collocations
for which incomplete information has been provided, or that do not
qualify for consolidated treatment, or that are denied. The Village
may issue separate permits for each collocation 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 Village makes a finding that the
small wireless facilities, or the new or modified utility pole, do
not comply with the applicable sections of this Code or any provision,
condition, or requirement contained in this chapter.
If the Small Wireless Facilities Deployment Act is repealed
as provided in Section 90 therein, renewals of permits shall be subject
to the applicable Municipal Code provisions or regulations in effect
at the time of renewal.
(7)
Means of Submitting Applications. Applicants shall submit applications,
supporting information, and notices to the Village by personal delivery
at the Village's designated place of business, or by regular
mail postmarked on the date due or by any other commonly used means,
including electronic mail.
[Ord. 2018-48, 7-2-2018]
(a)
Public Safety Space Reservation. The Village may reserve space on
Municipal utility poles for future public safety uses, but a reservation
of space may not preclude the collocation of a small wireless facility
unless the Village reasonably determines that the Municipal utility
pole cannot accommodate both uses.
(b)
Installation and Maintenance. The wireless provider shall install,
maintain, repair, and modify its small wireless facilities in safe
condition, and good repair and compliance with the requirements and
conditions of this chapter. The wireless provider shall ensure that
its employees, agents, or contractors 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. The wireless provider shall maintain each small wireless
facility or small wireless support structure under their control to
the standards imposed by the Village under this chapter at the time
of the granting of its permit. Such maintenance shall include, but
shall not be limited to, maintenance of the paint, structural integrity,
and landscaping. If the small wireless provider fails to maintain
the small wireless facility or small wireless support structure, the
Village may undertake the maintenance at the expense of the small
wireless provider, or terminate the provider's permit at the
Village's sole option.
(c)
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 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.
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.
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 47 CFR 22.973
and 47 CFR 90.672 through 47 CFR 90.675.
The Village 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 paragraph.
Failure to remedy the interference as required herein shall constitute
a public nuisance.
(d)
No Collocation of Small Wireless Facilities. The wireless provider
shall not collocate small wireless facilities on Village 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.
However, the antenna and support equipment of the small wireless
facility may be located in the communications space on the Village
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.
For purposes of this subparagraph, 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.
(e)
Compliance with Code Provisions. The wireless provider shall comply
with all applicable codes and local code provisions, or regulations
that concern public safety.
(f)
Compliance with Standards. The wireless provider shall comply with generally applicable written stealth, concealment, and aesthetic standards that are set forth in Section 10B-13 of this chapter.
(g)
Alternate Placements. Except as provided in this section, a wireless
provider shall not be required to collocate small wireless facilities
on any specific utility pole, or category of utility poles, or be
required to collocate multiple antenna systems on a single utility
pole. However, with respect to an application for the collocation
of a small wireless facility associated with a new utility pole, the
Village may propose that the small wireless facility be collocated
on an existing utility pole or existing wireless support structure
within 100 feet of the proposed collocation, 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.
If the applicant refuses a collocation proposed by the Village,
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 paragraph.
(h)
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 collocated.
New or replacement utility poles or wireless support structures
on which small wireless facilities are collocated 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 Village,
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 Village, provided the Village
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.
(i)
Height Exceptions. 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 collocation, the applicant shall apply for a variation in conformance with procedures, terms, and conditions set forth in Section 1411.07, "Variations," of the zoning ordinance.
(j)
Contractual Design Requirements. The wireless provider shall comply
with requirements that are imposed by a contract between the Village
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.
(k)
Ground-Mounted Equipment Spacing. The wireless provider shall comply with Section 10A-15, "Location Of Facilities," of this Code concerning the location of ground-mounted equipment located in the right-of-way. If an applicant proposes a facility to be located in the public right-of-way which would not comply with the requirements of Section 10A-15 of this Code, the applicant shall apply for a variation in conformance with procedures, terms, and conditions set forth in Section 1411.07, "Variations," of the zoning ordinance.
(l)
Undergrounding Regulations. The wireless provider shall comply with Section 10A-15, "Location Of Facilities," of this Code concerning the location of facilities in the right-of-way and prohibiting certain above-ground facilities. If an applicant proposes an above-ground facility to be located in the public right-of-way which would not comply with the requirements of said Section 10A-15 of this Code, the applicant shall apply for a variation in conformance with procedures, terms, and conditions set forth in Section 1411.07, "Variations," of the zoning ordinance.
(m)
Collocation Completion Deadline. Collocation for which a permit is
granted shall be completed within 180 days after issuance of the permit,
unless the Village 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 Village grants an extension in
writing to the applicant.
(n)
Cooperation with Other Small Wireless Service Providers. As a condition
of any permit for installation of a new pole, small wireless support
structure, or other above-ground facility granted pursuant to this
chapter, permittees shall be required to cooperate with other small
wireless providers in collocating additional small wireless facilities
on poles and small wireless support structures owned by the permittee,
provided that such proposed additional small wireless provider has
been issued permits for that location by the Village as described
herein. All permittees shall exercise good faith in collocating other
small wireless providers regarding sharing of the permitted site,
provided that such shared use does not give rise to a substantial
technical level of impairment of the ability to provide the permitted
use (i.e., significant interference in broadcast or reception capabilities
as opposed to a competitive conflict or financial burden). Such good
faith shall include sharing technical information to evaluate the
feasibility of sharing utility poles or small wireless infrastructure.
In the event that a dispute arises as to whether a permittee has exercised
good faith in accommodating other users, the Village may require a
third-party technical study at the expense of the applicant, the permittee,
or both.
[Ord. 2018-48, 7-2-2018]
Application fees are imposed as follows:
(a)
Applicant shall pay an application fee of $650 for an application
to collocate 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 collocate more
than one small wireless facility on existing utility poles or wireless
support structures.
(b)
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 collocation.
(c)
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 non-refundable.
(d)
The Village 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:
(1)
Routine maintenance;
(2)
The replacement of wireless facilities with wireless facilities that are substantially similar, the same size, or smaller if the wireless provider notifies the Village at least 10 days prior to the planned replacement and includes equipment specifications for the replacement of equipment consistent with subsection 10B-3(b)(1)(D) of this chapter; or
(3)
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.
(e)
Wireless providers shall secure a permit from the Village to work
within rights-of-way for activities that affect traffic patterns or
require lane closures.
[Ord. 2018-48, 7-2-2018]
Nothing in this chapter authorizes a person to collocate small
wireless facilities on:
(a)
Property owned by a private party, property owned or controlled by
the Village 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;
(b)
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; or
(c)
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, without the consent of the rail
carrier, public commuter rail service, or electric utility. The provisions
of this chapter 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.
|
For the purposes of this subsection, "public utility" has the
meaning given to that term in Section 3-105 of the Public Utilities
Act. Nothing in this chapter shall be construed to relieve any person
from any requirement: 1) to obtain a franchise or a State-issued authorization
to offer cable service or video service or 2) to obtain any required
permission to install, place, maintain, or operate communications
facilities other than small wireless facilities subject to this chapter.
|
[Ord. 2018-48, 7-2-2018]
Existing agreements between the Village and wireless providers
that relate to the collocation of small wireless facilities in the
right-of-way, including the collocation of small wireless facilities
on Village utility poles, that are in effect on June 1, 2018, remain
in effect for all small wireless facilities collocated on the Village's
utility poles pursuant to applications submitted to the Village before
June 1, 2018, subject to applicable termination provisions contained
therein. Agreements entered into after June 1, 2018, shall comply
with this chapter.
[Ord. 2018-48, 7-2-2018]
A wireless provider shall pay to the Village an annual recurring
rate to collocate a small wireless facility on a Village utility pole
located in a right-of-way that equals: a) $200 per year or b) the
actual, direct, and reasonable costs related to the wireless provider's
use of space on the Village utility pole. If the Village 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 collocate, and on each
annual anniversary date thereafter.
[Ord. 2018-48, 7-2-2018]
Any small wireless facility that is no longer needed or is not
operational shall be reported immediately by the small wireless provider
to the Village Manager. Any obsolete or nonoperational small wireless
facilities shall be removed within 90 days following notice to the
Village. A small wireless facility that is not operated or removed
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 Village notifying
the wireless provider of the abandonment. The notice shall be sent
by certified or registered mail, return receipt requested, by the
Village 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 Village 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. A wireless
provider shall provide written notice to the Village if it sells or
transfers small wireless facilities within the jurisdiction of the
Village. Such notice shall include the name and contact information
of the new wireless provider.
[Ord. 2018-48, 7-2-2018]
The Circuit Court of Cook County, Illinois shall have exclusive
jurisdiction to resolve all disputes arising under the Small Wireless
Facilities Deployment Act. Pending resolution of a dispute concerning
rates for collocation of small wireless facilities on Municipal utility
poles within the right-of-way, the Village shall allow the collocating
person to collocate on its poles at annual rates of no more than $200
per year per Municipal utility pole, with rates to be determined upon
final resolution of the dispute.
[Ord. 2018-48, 7-2-2018]
A wireless provider shall indemnify and hold the Village 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 Village improvements or right-of-way associated
with such improvements by the wireless provider or its employees,
agents, or contractors arising out of the rights and privileges granted
under this chapter and the Small Wireless Facilities Deployment Act.
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 Village or its employees or agents. A wireless
provider shall further waive any claims that they may have against
the Village with respect to consequential, incidental, or special
damages, however caused, based on the theory of liability.
[Ord. 2018-48, 7-2-2018]
The wireless provider shall carry, at the wireless provider's
own cost and expense, the following insurance:
(a)
Property insurance for its property's replacement cost against
all risks;
(b)
Workers' compensation insurance, as required by law; and
(c)
Commercial general liability insurance with respect to its activities on the Village improvements or rights-of-way to afford minimum protection limits as set forth in Section 10A-8, "Insurance," of this Code.
|
The wireless provider shall include the Village as an additional
insured on the commercial general liability policy and provide certification
and documentation of inclusion of the Village in a commercial general
liability policy prior to the collocation of any wireless facility.
|
[Ord. 2018-48, 7-2-2018]
(a)
Purpose. The purposes of this section are to:
(1)
Provide a variety of locations and options for wireless providers
while minimizing the negative visual impacts associated with small
wireless facilities;
(2)
Encourage creative approaches in locating and designing small
wireless facilities that blend in with the surroundings of such facilities;
(3)
Provide standards that comply with the Telecommunications Act
of 1996 ("the Telecommunications Act") and the Small Wireless Facilities
Deployment Act;[1] the provisions of this section are not intended, and shall
not be interpreted, to prohibit or have the effect of prohibiting
personal wireless services as defined in the Telecommunications Act;
and
[1]
Editor's Note: See 50 ILCS 835/1 et seq.
(4)
Administer the provisions of this chapter in such a manner as
not to unreasonably discriminate between providers of functionally
equivalent personal wireless services, as defined in the Telecommunications
Act.
(b)
Integration and Concealment. Site location and development of small
wireless facilities shall preserve the existing character of the surrounding
buildings and landscape to the extent consistent with the function
of the proposed small wireless facilities. All small wireless support
infrastructure and poles shall be integrated through location and
design to blend in with the existing characteristics of the site to
the extent practical. Existing on-site vegetation shall be preserved
or improved, and disturbance to the existing topography shall be minimized
unless such disturbance would result in less adverse visual impact
to the surrounding area. The following provisions establish design
and concealment standards for small wireless facilities.
(1)
Building Attachment. Small wireless facilities may be mounted
to a building if the antennas do not interrupt the building's
architectural theme. To the extent possible, all small wireless facilities
shall be concealed within a structure that is architecturally compatible
with the existing rooftop. Roof top additions shall be concealed on
all sides.
(A)
Small wireless facilities attached to the side or roof of buildings
shall employ a symmetrical, balanced design for all facade mounted
antennas. Subsequent deployments will be required to ensure consistent
design, architectural treatment, and symmetry when placing antennas
on the structure's exterior with any existing small wireless
facilities on the same side of the structure.
(B)
The interruption of architectural lines or horizontal or vertical
reveals is prohibited unless demonstrated to be unavoidable.
(C)
New architectural features such as columns, pilasters, corbels,
or other ornamentation that conceal antennas may be used if it complements
the architecture of the existing building.
(D)
Small wireless facilities shall utilize the smallest mounting
brackets necessary in order to provide the smallest offset from the
building.
(E)
Skirts or shrouds shall be utilized on the sides and bottoms
of antennas in order to conceal mounting hardware, create a cleaner
appearance, and minimize the visual impact of the antennas. Exposed
conduit, cabling, and wiring are prohibited.
(F)
Small wireless facilities shall be painted and textured to match
the adjacent building surfaces.
(G)
All installations of small wireless facilities shall have permission
from the pole/structure owner to install facilities on such structure.
(2)
Signs.
(A)
Small wireless facilities replicating a sign shall be subject
to the requirements of Section 1409, "Signs," of the zoning ordinance.
A sign permit is required unless the small wireless facilities are
placed entirely within an existing sign.
(B)
All antennas shall be completely screened by the facade of the
sign.
(C)
All cables and conduit to and from the sign shall be routed
from within the building wall or structure upon which the sign is
mounted. Cable coverings may be allowed on the exterior of the building
wall in limited circumstances in situations where they are minimally
visible and concealed to match the adjacent building surfaces.
(3)
Existing or Replacement Utility Poles. An existing utility pole
may be replaced or altered to accommodate small wireless facilities
and related equipment subject to the following requirements:
(A)
Design. Replacement utility poles shall conform to any design standard for the surrounding zoning district, subdivision, or planned development, including, but not limited to, historic districts as defined herein and planned unit developments as described in Section 1411.12, "Planned Developments," of the zoning ordinance. The replacement pole shall look substantially the same as existing poles in the surrounding zoning district, subdivision, or planned unit development.
(B)
Compatibility. When no design standard is identified for a particular zoning district, subdivision, or planned unit development, replacement poles shall match the height, width, color, and material of the original or adjacent poles. The maximum height of any new or replacement pole shall not exceed limits specified in subsection 10B-4(h) of this chapter, subject to any variation requested pursuant to subsection 10B-4(i) of this chapter. The Village may, likewise, approve minor variations of up to 50% of the pole width or 30 inches, whichever is greater, when housing equipment within the pole base.
(C)
Location. Replacement poles shall be located as close as possible
to the existing pole to be replaced, and the replaced pole shall be
removed.
(D)
Equipment and Cabling. Wherever compatible with the pole design
and technologically feasible, all equipment and cabling shall be internal
to the replacement street lighting or traffic signal standard or otherwise
camouflaged to appear to be an integrated part of a utility pole.
If equipment or cabling is not proposed to be placed internal to the
replacement pole, a concealment element plan shall be submitted in
accordance with the provisions of Subsection (c) of this section.
(E)
No Illumination. Small wireless facilities shall not be illuminated.
(F)
Generators and Backup Battery. Generators are not permitted
for small wireless facilities. All proposed battery backups must be
requested through the submittal of a concealment element plan in accordance
with the provisions of Subsection (c) of this section.
(G)
Cabinet Location and Dimensions. The equipment cabinet for small
wireless facilities shall be the smallest amount of cabinet enclosure
necessary to enclose the equipment. Disconnect switches may be located
outside of the primary equipment cabinet.
(H)
Flush-Mounting and Pole-Top Antennas. In situations when interior
concealment is demonstrated to not be possible, the small wireless
facility shall, to the full extent permitted under the State Electrical
Code and the utilities' requirements, be flush-mounted on the
subject pole, which means mounting directly to the pole with little
to no gap other than that which may be required for the screws/bolts,
or located at the top of the pole. Canisters attached to the top of
a pole shall not exceed the diameter of the pole unless technically
required, and then shall not be more than 50% greater than the diameter
of the pole.
(I)
Antenna Design. Where an enclosure is proposed to house an antenna,
the antenna shall be located in an enclosure of no more than six cubic
feet in volume, or in case of an antenna that has exposed elements,
the antenna and all of its exposed elements could fit within an enclosure
of no more than six cubic feet. No more than four antennas are permitted
on a single pole and with a total volume not to exceed 24 cubic feet.
(J)
Material and Color. If interior concealment described in Subsection
(b)(3)(D) of this section is not possible, the small wireless facility
shall to the maximum extent feasible match the color of the pole and
shall be non-reflective.
(4)
New Poles.
(A)
In areas of the Village in which above-ground facilities are allowed in the public right-of-way pursuant to Section 10A-15, "Location Of Facilities," of this Code, the installation of a new pole for the purpose of locating small wireless facilities is permitted only when the applicant establishes that:
(i)
The small wireless facility cannot be located on
a site outside of the public right-of-way such as a public park, public
property, or in or on a building whether by roof or panel-mount or
separate structure; and
(ii)
The small wireless facility cannot be located
on an existing pole within the public right-of-way.
(B)
The applicant shall establish the foregoing requirements by
submission of competent documentary evidence that:
(i)
No existing towers or structures are located within
the geographic area required to meet the applicant's engineering
plans;
(ii)
Existing utility poles, towers, base stations,
or small wireless support structures are not of sufficient height
to meet the applicant's engineering requirements;
(iii)
Existing utility poles, towers, base stations,
or small wireless support structures do not have sufficient structural
strength to support the applicant's proposed small wireless facility;
(iv)
The applicant's proposed small wireless facility
would cause electromagnetic interference with the existing utility
poles, towers, base stations, or small wireless facilities, or the
existing utility poles, towers, base stations, or small wireless facilities
would cause interference with the applicant's proposed small
wireless facility;
(v)
The fees, costs, and contractual provisions required
by the owners of the existing utility poles, towers, base stations,
or small wireless support structures to share existing space, or to
adapt existing structures for sharing space are unreasonable. Costs
exceeding new tower development are presumed to be unreasonable;
(vi)
The applicant demonstrates that there are other
limiting factors which render existing utility poles, towers, base
stations, or small wireless support structures unsuitable; and
(vii)
Applicants shall provide evidence that reasonable
efforts to develop an alternative location on an existing utility
pole, tower, or small wireless support structure have been made.
(C)
Any proposed new utility pole or small wireless support structure
proposed by an applicant shall comply with a preferred concealment
technique as described in Subsection (b)(3) of this section, or an
approved concealment element plan as provided in Subsection (c) of
this section.
(5)
Ground-Mounted Equipment Standards; ADA Compliance Required.
To allow full use of the public right-of-way by pedestrians, bicycles,
and other users, all ground-mounted equipment other than poles or
wireless support structures shall be housed underground in a vault
meeting the Village's construction standards. The location of
wireless support structures, replacement poles, and/or any new poles
shall comply with the Americans With Disabilities Act (ADA), Village
construction standards, and State and Federal regulations in order
to provide a clear and safe passage within the public right-of-way.
(6)
Maximum Noise Levels. No small wireless facilities or related
equipment shall be operated to produce noise levels above 40 decibels
as measured from the nearest property line to which the small wireless
facility is located.
(7)
Advertising Prohibited. No lettering, symbols, images, or trademarks
large enough to be legible to pedestrian or vehicular users of the
right-of-way, or other persons occupying the space in the immediate
area of the small wireless facility, utility pole, or small wireless
support structure shall be placed on or affixed to any utility pole,
small wireless support structure, or small wireless facility other
than as required by Federal Communications Commission regulations
or other applicable law. Small wireless facilities concealed within
signs or billboards shall not be construed to be in violation of this
prohibition.
(c)
Concealment Element Plan.
(1)
Concealment Element Plan Required. Applications for proposed
small wireless facility installations which do not conform to a preferred
concealment technique as identified in Subsection (b)(3) of this section
shall submit a concealment element plan. The plan shall include the
design of the screening, fencing, or other concealment technology
for a base station, pole, or equipment structure, and all related
transmission equipment or facilities associated with the proposed
small wireless facility.
(2)
Purpose of Concealment Element Plan, Generally. Concealment
element plans should seek to minimize the visual obtrusiveness of
proposed small wireless facilities using methods including, but not
limited to, integrating the installation with architectural features
or building design components, utilization of coverings or concealment
devices of similar material, color and texture, or the appearance
thereof, as the surface or background against which the small wireless
facility will be seen or on which it will be installed. Other concealment
element approaches may include, but not be limited to, use of street
furniture concealment products such as trash cans, benches, information
kiosks, or other types of enclosures reasonably compatible to conceal
ground level equipment. Additionally, the use of a concealment support
or device, such as a clock tower, steeple, flagpole, tree, wayfinding
sign, decorative pole with banner, art work, street sign, or other
applicable concealment structure may be approved.
(3)
Review of Concealment Element Plan. Where a small wireless facility is proposed that does not comply with a preferred concealment technique as specified in Subsection (b)(3) of this section, a concealment element plan shall be subject to Village review and approval in conformance with the procedures, terms and conditions set forth in Section 1411.07, "Variations," of the zoning ordinance.
