G-1130 - 07/10/2018 - VILLAGE CODE - Ordinances ORDINANCE 2018-ROW-UTLY-G-1130
AN ORDINANCE AMENDING TITLE 8 OF THE VILLAGE CODE
TO PROVIDE FOR REGULATIONS OF THE INSTALLATION OF CERTAIN
SMALL WIRELESS FACILITIES IN THE RIGHT-OF-WAY
WHEREAS, the Village of Oak Brook, Illinois ("Village') is an Illinois municipal corporation
organized and operating pursuant to authority granted by the Constitution and Laws of the State of
Illinois;
WHEREAS, the Village is authorized under the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.,
and Illinois law to adopt ordinances pertaining to the public health, safety and welfare; and
WHEREAS, the Village is further authorized to adopt the amendments contained herein pursuant
to its authority to regulate the public right-of-way under section 11-80-1 et seq., of the Illinois Municipal
Code; and
WHEREAS, the Village uses the public right-of-way within its Village limits to provide essential
public services to its residents and businesses. The public right-of-way within the Village is a limited
public resource held by the Village for the benefit of its citizens and the Village has a custodial duty to
ensure that the public right-of-way is used, repaired, and maintained in a manner that best serves the
public interest; and
WHEREAS, growing demand for personal wireless telecommunications services has resulted in
increasing requests nationwide and locally from the wireless industry to place small wireless facilities on
Village-owned structures in the public right-of-way. While State and federal law limit the authority of local
governments to enact laws that unreasonably discriminate among providers of functionally equivalent
services, prohibit, or have the effect of prohibiting the provision of telecommunications services by
wireless service providers, the Village is authorized, under existing State and federal law, to enact
appropriate regulations and design standards relative to small wireless facility installations in the public
right-of-way; and
WHEREAS, in anticipation of continued increased demand for placement of small wireless facility
installations within the public right-of-way and in accordance with the Small Wireless Facilities
Deployment Act, the Village Board finds that it is in the best interests of the public health, safety and
general welfare of the Village to adopt the ordinance below in order to establish generally applicable
standards for the use of such facilities and installations within the public right-of-way in the Village so as
to, among other things: (i) preserve the character of the neighborhoods in which small wireless facilities
are installed; (ii) minimize any adverse visual impact of small wireless facilities and prevent visual blight in
the neighborhoods in which facilities are installed; (iii) codify the application and permitting procedure for
the installation of small wireless facilities in the Village; (iv) establish the annual recurring rates for small
wireless facilities; and (v) codify the removal, relocation, or modification requirements for small wireless
facilities placed in the Village right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals shall be and are hereby incorporated into and
made a part of this Ordinance as if fully set forth in this Section. The findings and recitals herein are
declared to be prima facie evidence of the law of the Village and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
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SECTION II: That Title 8, Chapter 6 of the Village Code, entitled "Construction of Utility
Facilities in the Rights-of-Way," is hereby amended with all existing provisions not set forth below
continuing in full effect as currently written (additions in underline, deletions in stFikethFo ):
CONSTRUCTION OF UTILITY FACILITIES IN THE RIGHTS-OF-WAY
8-6-1 PURPOSE AND SCOPE.
B. Intent. In enacting this Chapter, the Village intends to exercise its authority over the rights-of-way
in the Village and, in particular, the use of the public ways and property by establishing uniform
standards to address issues presented by small wireless facilities and utility facilities, including
without limitation:
4. Protect against environmental damage, including damage to trees, from the
installation of ut&y facilities;
9. Assure the continued safe use and enjoyment of private properties adjacent to tftiiity
facilities locations.
C. Facilities Subject to This Chapter. This Chapter applies to all facilities on, over, above, along,
upon, under, across, or within the rights-of-way within the jurisdiction of the Village. A facility
lawfully established prior to the effective date of this Chapter may continue to be maintained,
repaired and operated by the wireless provider or utility as presently constructed and located,
except as may be otherwise provided in any applicable franchise, license or similar agreement.
H. Sound Engineering Judgment. The Village shall use sound engineering judgment when
administering this Chapter and may exercise the power described in Section 8-6-22 to vary the
standards, conditions, and requirements expressed in this Chapter when the Village so
determines. Nothing herein shall be construed to limit the ability of the Village to regulate its
rights-of-way for the protection of the public health, safety and welfare.
8-6-2 DEFINITIONS.
The following definitions are added or replaced to Section 8-6-2 of this Chapter:
"Antenna" — Communications equipment that transmits or receives electromagnetic radio frequency
signals used in the provision of any type of wireless communications services.
"Collocate" or "collocation" —To install mount maintain, modify, operate, or replace wireless facilities on
or adjacent to a wireless support structure or utility pole.
"Communications service" — Cable service as defined in 47 U.S.C. 522(6) as amended; information
service as defined in 47 U.S.C. 153(24) as amended; telecommunications service, as defined in 47
U.S.C. 153(53) as amended mobile service as defined in 47 U.S.C. 153(33) as amended; or wireless
service other than mobile service.
"Communications service provider" — A cable operator, as defined in 47 U.S.C. 522(5), as amended; a
provider of information service as defined in 47 U.S.C. 153(24), as amended; a telecommunications
carrier, as defined in 47 U.S.C. 153(51) as amended: or a wireless provider.
"Facility" — All structures devices objects and materials (including but not limited to, track and rails,
wires ducts fiber optic cable antennas vaults boxes equipment enclosures, cabinets, pedestals, poles,
conduits grates covers pipes cables small wireless facilities as defined in this Chapter, and
appurtenances thereto) located on over, above along upon under, across or within rights-of-way under
this Chapter. For purposes of this Chapter, the term "facility" shall not include any facility owned or
operated by the Village.
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"Freestanding Facility" — A facility that is not a crossing facility or a parallel facility, such as a monopole,
utility pole antenna transformer, pump, or meter station.
"Historic District"or"historic landmark"— A building property, or site, or group of buildings, properties, or
sites that are either (i) 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 (ii) 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.
"Monopole" — A structure composed of a single spire pole or tower designed and principally used to
support antennas or related equipment and that is not a utility pole.
"Municipally-Owned Infrastructure" — Infrastructure in the public right-of-way within the boundaries of the
Village including but not limited to streetlights traffic signals towers structures or buildings owned
operated or maintained by the Village.
"Small Wireless Facility" — A wireless facility that meets both of the following qualifications: (i) each
antenna is located inside an enclosure of no more than 6 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 6 cubic feet and (ii) all other wireless equipment attached directly to
a utility pole associated with the facility is cumulatively no more than 25 cubic feet in volume. The
following types of associated ancillary equipment are not included in the calculation of equipment volume:
electric meter, concealment elements telecommunications demarcation box, ground-based enclosures,
grounding equipment power transfer switch cut-off switch and vertical cable runs for the connection of
power and other services.
"Utility" - The individual or entity owning or operating any facility that is not a small wireless facility as
defined in this Chapter.
"Utility Pole" — An upright pole designed and used to support electric cables, telephone cables,
telecommunication cables cable service cables which are used to provide lighting, traffic control,
signage, or a similar function.
"Wireless Facility" — Equipment at a fixed location that enables wireless communications between user
equipment and a communications network including: (i) equipment associated with wireless
communications: and (ii) radio transceivers antennas coaxial or fiber-optic cable, regular and backup
power supplies and comparable equipment regardless of technological configuration. "Wireless facility"
includes small wireless facilities. "Wireless facility" does not include: (i) the structure or improvements on,
under, or within which the equipment is collocated: or (ii) wireline backhaul facilities, coaxial or fiber optic
cable that is between wireless support structure or utility poles or coaxial or fiber optic cable that is
otherwise not immediately adjacent to or directly associated with an antenna.
"Wireless infrastructure provider"— 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.
"Wireless provider"—A wireless infrastructure provider or a wireless service provider.
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"Wireless services" — 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.
"Wireless services provider"—A person who provides wireless services.
"Wireless support structure" —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.
8-6-3 ANNUAL REGISTRATION REQUIRED.
Every wireless provider or utility that occupies right-of-way within the Village shall register on January 1 of
each year with the Director of Public Works for designeel, providing the registrant's name, address and
regular business telephone and telecopy numbers, the name of one or more contact persons who can act
on its behalf e€the utility in connection with emergencies involving the utility's registrant's facilities in the
right-of-way and a 24-hour telephone number for each such person, and evidence of insurance as
required in Section 8-6-9 of this Chapter, in the form of a certificate of insurance.
8-6-4 PERMIT REQUIRED; APPLICATIONS AND FEES.
A. Permit Required. No person shall construct (as defined in this Chapter) any facility on, over,
above, along, upon, under, across, or within any Village right-of-way which (1) changes the
location of the facility, (2) adds a new facility, (3) disrupts the right-of-way (as defined in this
Chapter), or (4) materially increases the amount of area or space occupied by the facility on,
over, above, along, under across or within the right-of-way, without first filing an application with
the Village Engineer [Director of Public Worksl and obtaining a permit from the Village therefore,
except as otherwise provided in this Chapter.
No application, approval, or permit shall be required for routine maintenance, the replacement of
small 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, or the installation,
placement, maintenance, operation or replacement of micro wireless facilities that are suspended
on cables strung between existing utility poles in compliance with applicable safety codes. The
Village may require a permit to work within the right-of-way for activities that affect traffic patterns
or that require lane closures.
B. Permit Application. All applications for permits pursuant to this Chapter shall be filed on a form
provided by the Village and shall be filed in such number of duplicate copies as the Village may
designate. The applicant may designate those portions of its application materials that it
reasonably believes contain proprietary or confidential information as "proprietary" or
"confidential" by clearly marking each page of such materials accordingly. The application for a
small wireless facility, along with supporting information and notices, must be submitted to the
[Village Engineer/Director of Public Worksl.
C. Minimum General Application Requirements. The application shall be made by the wireless
provider or utility or 4& the duly authorized representative and shall contain, at a minimum, the
following:
1. The utility's applicant's name and address and telephone and telecopy numbers;
2. The applicant's name and address, if different than the wireless provider or utility,
its telephone, telecopy numbers, e-mail address, and its interest in the work;
5. Evidence that the wireless provider or utility has placed on file with the Village:
a) A written traffic control plan demonstrating the protective measures and
devices that will be employed consistent with the Illinois Manual on
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Uniform Traffic Control Devices, to prevent injury or damage to persons
or property and to minimize disruptions to efficient pedestrian and
vehicular traffic; and
b) An emergency contingency plan which shall specify the nature of
potential emergencies, including, without limitation, construction and
hazardous materials emergencies, and the intended response by the
applicant. The intended response shall include notification to the Village
and shall promote protection of the safety and convenience of the public.
Compliance with ICC regulations for emergency contingency plans
constitutes compliance with this Section unless the Village finds that
additional information or assurances are needed;
6. Evidence of insurance as required in Section .9 of this Chapter; and
7 Evidence of posting of the security fund as required in Section .11 of this
Chapter;
8 Any request for a variance from one or more provisions of Chapter (See
Section-2-4 222
9. Drawings, plans and specifications showing the work proposed, including the
certification of an engineer that such drawings, plans, and specifications comply
with applicable codes, rules, and regulations; and
10. Such additional information as may be reasonably required by the Village.
D. Supplemental Application Requirements for Specific Types of I Ifil+t+es Facilities. The permit
application shall include the following items, as applicable to the specific 44ity facility that is the
subject of the permit application:
1. In the case of the installation of a new electric power, communications,
cable television service, video service or natural gas
distribution system, evidence that any "Certificate of Public Convenience and
Necessity" or other regulatory authorization that the applicant is required by law
to obtain, or that the applicant has elected to obtain, has been issued by the ICC
or other jurisdictional authority;
6. Applications for small wireless facilities must also include the following:
a) Drawings and site plans for each proposed small wireless facility covered
by the application;
b) The location where each proposed small wireless facility or utility pole
will be installed and photographs of the location and its immediate
surroundings;
c) A site specific structural analysis and engineering drawing for each
proposed small wireless facility covered by the application, prepared and
stamped by a professional engineer, which demonstrates the utility pole
or municipally-owned infrastructure is safely capable of supporting the
small wireless facility in all reasonably foreseeable weather conditions
without creating a risk to public health and safety. The structural
analysis will also describe the method by which the facility is designed to
fail and demonstrate that any structural failure to the facility shall not
cause harm to any residential structure;
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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;
f) Certification that the collocation complies with Section 8-6-16 below; and
q) Applications must include the screening and stealth concealment
methods used for each proposed small wireless facility covered by the
application.
E. Applicant's Duty to Update Information. Throughout the entire permit application review period
and the construction period authorized by the permit, any amendments to information contained
in a permit application shall be submitted by the 4P#y applicant in writing to the Village within
thirty (30) days after the change necessitating the amendment.
F. Application Fees. Application Fees. Unless otherwise provided by franchise, license, or similar
agreement, all applications for permits pursuant to this Chapter shall be accompanied by a fee in
the amount of $ [in the amount established in 1. No application fee is
required to be paid by any electricity utility that is paying the municipal electricity infrastructure
maintenance fee pursuant to the Electricity Infrastructure Maintenance Fee Act.
G. Application Fees for Small Wireless Facilities All applications for the collocation of a single small
wireless facility on an existing utility pole or wireless support structure shall be accompanied by a
fee in the amount of $650 All applications for the collocation of more than one small wireless
facility on an existing utility pole or wireless support structure shall be accompanied by a fee in
the amount of $350 for each small wireless facility addressed in said application. An application
for the installation of a small wireless facility that will require a new utility pole must be
accompanied by a fee in the amount of$1,000.
H. Consolidated Applications for Small Wireless Facilities Applications for small wireless facilities
may be submitted on a consolidated basis provided they involve the same type of small wireless
facility and the same type of structure The Village may, at its discretion remove small wireless
facility collocations from the consolidated application and treat them separately for purposes of
deeming the application incomplete or denied.
8-6-5 ACTION ON PERMIT APPLICATIONS.
A. Village Review of Permit Applications. Completed permit applications, containing all required
documentation, shall be examined by the Village Engineer [Director of Public Worksl within a
r . ahyo time afteF filar g on a nondiscriminatory basis. If the application does not conform to
the requirements of applicable ordinances, codes, laws, rules, aad or regulations that concern
public safety, the Village Engineer [Director of Public Works] shall
WFitiRg, stating the reaseRs therefoFe notify the applicant of the basis for a denial, including
specific code provisions upon which the denial was based The applicant may cure the
deficiencies and resubmit a revised application without paving additional application fees.
B,
When reviewing applications for small wireless facilities the Village will approve or deny the
revised application within 30 days after the applicant resubmits the application or it will be
deemed approved. If the Village Engineer [Director of Public Works] is satisfied that the proposed
work conforms to the requirements of this Chapter and applicable ordinances, codes, laws, rules,
and regulations, the Village Engineer [Director of Public Works] shall issue a permit therefere as
In all instances, it shall be the duty of the applicant to demonstrate, to the
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satisfaction of the Village Engineer [Director of Public Worksl, that the construction proposed
under the application shall be in full compliance with the requirements any Chapter.
C. Application Deadlines for Small Wireless Facilities. Applications are deemed complete if the
Village does not notify the applicant otherwise within 30 days of receipt of the application.
If the application to collocate a small wireless facility is to be placed on an existing utility pole the
Village will notify the applicant of its approval or denial within 90 days. If the Village fails to notify
the applicant within that timeframe the application will be deemed approved If the application to
collocate a small wireless facility requires the installation of a new utility pole, the Village will
notify the applicant of its approval or denial within 120 days If the Village fails to notify the
applicant within that timeframe the application will be deemed approved.
8-6-6 EFFECT OF PERMIT.
B. Duration. No permit issued undelr this. Chapter to a utility shall be valid for a period longer than
six (6) months unless construction is actually begun within that period and is thereafter diligently
pursued to completion. Collocation of small wireless facilities must be completed within 180 days
after the issuance of the permit. If collocation is not complete the permit will be void. Permits for
small wireless facilities are valid for 5 years from the time of issuance.
C. Pre-Construction Meeting Required. A pre-construction meeting may be requested by Village
staff. If requested, no construction shall begin pursuant to a permit issued under this Chapter
prior to attendance by the permittee and all major contractors and subcontractors who will
perform any work under the permit at a pre-construction meeting. The pre-construction meeting
shall be held at a date, time and place designated by the Village with such Village representatives
in attendance as the Village deems necessary. The meeting shall be for the purpose of reviewing
the work under the permit, and reviewing special considerations necessary in the areas where
work will occur, including, without limitation, presence or absence of other utility facilities in the
area and their locations, procedures to avoid disruption of other facilities, use of rights-of-way by
the public during construction, and access and egress by adjacent property owners.
8-6-8 ANNUAL RECURRING RATES FOR SMALL WIRELESS FACILITIES,
The Villaqe shall charge an annual recurring rate for the collocation of small wireless facilities on
municipally-owned infrastructure located in its right-of-way equal to either $200 per utility pole, or the
actual direct and reasonable costs related to the wireless provider's use of space on the Village utility
pole whichever is greater. If the Village elects to charge the actual, direct, and reasonable costs related
to the wireless provider's use of space on the municipally-owned infrastructure it shall adopt a fee
schedule on an annual basis.
8-6.8 -9 INSURANCE.
A. Required Coverages and Limits. Unless otherwise provided by franchise, license, or similar
agreement, each wireless provider or utility occupying right-of-way or constructing any facility in
the right-of-way shall secure and maintain in6uraRGe iR GGFnpi'aRGe with title', Chapter 8 of this
faGility in the right of way 6hall ensure the GornrneFG*al general liability
performing the work GOMMOR, theR SUGh GGRtFaGtGFs and subGGRtraGtors shall Gemply with this
sestiell.. the following liability insurance policies insuring the utility as named insured and naming
the Village and its elected and appointed officers officials agents and employees as additional
insureds on the policies listed in paragraph 1 below:
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1. Commercial general liability insurance, includinq premises-operations, explosion,
collapse and underground hazard (commonly referred to as "X," "C," and "U"
coverages) and products-completed operations coverage with limits not less
than:
a) Five million dollars($5,000,000)for bodily injury or death to each person;
b) Five million dollars ($5,000,000) for property damage resulting from any
one accident;
C) Five million dollars ($5,000,000)for all other types of liability;
d) Wireless providers must include the Village as an additional insured on
the commercial general liability policy;
2) Worker's compensation with statutory limits; and
3) Property insurance for replacement costs against all risks.
If the wireless provider or utility is not providing such insurance to protect the contractors and
subcontractors performing the work, then such contractors and subcontractors shall comply with this
Section.
C Copies Required. The wireless provider or utility shall provide copies of any of the policies
required by this Section to the Village within ten (10) days following receipt of a written request
therefor from the Village.
E Self-Insurance. A wireless provider or utility may self-insure all or a portion of the insurance
coverage and limit requirements required by this Section. A wireless provider or utility that self-
insures is not required, to the extent of such self-insurance, to comply with the requirement for the
naming of additional insureds under this Section. A wireless provider or utility that elects to self-
insure shall provide to the Village evidence sufficient to demonstrate its financial ability to self-
insure the insurance coverage and limit requirements required under this Section, such as
evidence that the utility is a "private self insurer' under the Workers Compensation Act.
F Effect of Insurance and Self-Insurance on Wireless Provider or Utility's Liability. The legal liability
of the wireless provider or utility to the Village and any person for any of the matters that are the
subject of the insurance policies or self-insurance required by this Section shall not be limited by
such insurance policies or self-insurance or by the recovery of any amounts thereunder.
8-6—.9-10 INDEMNIFICATION.
By occupying or constructing facilities in the right-of-way, a wireless provider or utility shall be deemed to
agree to defend, indemnify and hold the Village and its elected and appointed officials and officers,
employees, agents and representatives harmless from and against any and all injuries, claims, demands,
judgments, damages, losses and expenses, including reasonable attorney's fees and costs of suit or
defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or
wrongful acts, omissions, failures to act or misconduct of the utility or its affiliates, officers, employees,
agents, contractors or subcontractors in the construction of facilities or occupancy of the rights-of-way,
and in providing or offering service over the facilities, whether such acts or omissions are authorized,
allowed or prohibited by this Chapter or by a franchise, license, or similar agreement; provided, however,
that the wireless provider or utility's indemnity obligations hereunder shall not apply to any injuries,
claims, demands, judgments, damages, losses or expenses arising out of or resulting from the
negligence, misconduct or breach of this Chapter by the Village, its officials, officers, employees, agents
or representatives.
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8-6-44-15 PUBLIC SAFETY AND TRAFFIC CONTROL.
A. Public Safety. The placement of any antenna wireless facility or small wireless facilities located
Ln the Village right-of-way may not interfere with the frequencies used by public safety agencies
for public safety communications Unacceptable interference will be determined in accordance
with industry standards and the Federal Communications Commission's regulations addressing
unacceptable interference to public safety spectrum. If an antenna, wireless facility or small
wireless facility causes such interference the owner must take all steps necessary to correct and
eliminate the interference at its own costs. The Village may terminate a permit for any antenna,
wireless facility or small wireless facility based on such interference if the interference is not
corrected.
The Village may reserve space on its utility pole for future public safety uses for for the Village's
electric utility usesl This reservation of space may preclude the collocation of a small wireless
facility where the Village determines that the utility pole cannot accommodate both uses.
A. B. Minimum Requirements. The Village's minimum requirements for traffic protection are
contained in IDOT's Illinois Manual on Uniform Traffic Control Devices and this Code.
C. Warning Signs, Protective Devices, and Flaggers. The wireless provider or utility is
responsible for providing and installing warning signs, protective devices and flaggers, when
necessary, meeting applicable federal, state, and local requirements for protection of the public
and the utility's workers when performing any work on the rights-of-way.
C: D. Interference with Traffic. All work shall be phased so that there is minimum interference with
pedestrian and vehicular traffic.
9- E. Notice When Access is Blocked. At least forty-eight (48) hours prior to beginning work that will
partially or completely block access to any residence, business or institution, the wireless provider
or utility shall notify the resident, business or institution of the approximate beginning time and
duration of such work; provided, however, that in cases involving emergency repairs pursuant to
Section 8-6-2-1 of this Chapter, the wireless provider or utility shall provide such notice as is
practicable under the circumstances.
F. Compliance. The wireless provider or utility shall take immediate action to correct any
deficiencies in traffic protection requirements that are brought to the '6 its attention by the
Village.
8-646-16 LOCATION OF FACILITIES.
A. General Requirements. In addition to location requirements applicable to specific types of 4tility
facilities, all utility facilities, regardless of type, shall be subject to the general location
requirements of this subsection.
6. The Village is not required to install or maintain any specific utility pole or to
continue to install or maintain utility poles in any location if it makes a non-
discriminatory decision to eliminate above-ground utility poles of a particular type.
For Village utility poles with collocated small wireless facilities in place when the
Village makes a decision to eliminate above-ground utility poles, the Village will,
at its discretion either maintain the utility pole or install and maintain an
alternative utility pole for the collocation of the small wireless facility, or offer to
sell the utility pole to the wireless provider.
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E Freestanding Facilities.
1. Th Village Gtr' t the I of d size of aRy freestandiRg facility Ienoted
withiR a right ef way. Ne freeStand;Rg faGility IGGated WithiR a right ef way may-be
GOR646!Gted eF mGd'f*ed se that the height of the 48eGtanding faGility 06 higher by
more thaR ten feet (IQ') or rnore than ten PeFGent 0
), whichever i6 greater,
five hURdred feet (500') ef the prGpGsed faGility, measured alGRg the Genter"Re E)
the reSpeGtrv8right of way. Where theFe are no other fFeestandiRg far'I'fi
10Gated withiR five hURdFed feet (500') ef the proposed facility, th
height f the froeeec Rg foo'I't y shall he sixty feet (60')-
be SGreened frern iiew.
1. Small Wireless Facilities.
a) The Village may not require the placement of a small wireless facility on
a specific utility pole or category of poles. However, should the
application necessitate the installation of a new utility pole, the Village
may propose that the small wireless facility be collocated on an existing
utility pole or existing support structure within 100 feet of the proposed
collocation. Should the applicant refect the proposed relocated
collocation it must provide a written certification describing the property
rights technical limits or material cost reasons the alternative location
will not satisfy the wireless provider's needs. The Village may require any
monopole utility pole or other freestanding facility located within a right-
of-way to be screened from view in compliance with the appearance
standards described below.
b) If all existing monopoles utility poles and other aboveground facilities are
located on one side of the right-of-way, all new monopoles, utility poles
and other freestanding facilities shall be located on the same side of the
right-of-way as the existing aboveground facilities. If there exist above
ground facilities on both sides, new freestanding facilities shall be
located on the side where the above ground facilities most closely match
the scale of the new freestanding facility.
2. Other Facilities.
a) The Village may restrict the location and size of any monopole, utility
pole or other freestanding facility located within a right-of-way. No
freestanding facility located within a right-of-way may be constructed or
modified so that the height of the free standing facility is higher by more
than ten feet or more than 10% whichever is greater, than any other
existing freestanding facility located within the right-of-way within three
hundred (300) feet of the proposed facility, measured along the center
line of the respective right-of-way. Where there are no other freestanding
facilities located within three hundred (300) feet of the proposed facility,
the maximum height of the freestanding facility shall be forty-five (45)
feet.
b) The Village may require any monopole utility pole or other freestanding
facility located within a right-of-way to be screened from view.
Ordinance 2018-ROW-UTLY-G-1130
Title 8,Section 6
Installation of Certain Small Wireless Facilities in ROW
Page 11 of 18
c) If all existing monopoles utility poles and other aboveground facilities are
located on one side of the right-of-way all new monopoles utility poles
and other freestanding facilities shall be located on the same side of the
right-of-way as the existing aboveground facilities. If there exist above
ground facilities on both sides new freestanding facilities shall be
located on the side where the above ground facilities most closely match
the scale of the new freestanding facility.
F. Height Restrictions for Small Wireless Facilities.
Small wireless facilities are limited to a maximum height of 10 feet above the utility pole or
wireless structure on which it is collocated. The height limit of a new or replacement utility pole or
wireless support structure on which small wireless facilities are collocated is limited to the higher
of: (i) 10 feet higher than the tallest existing utility pole within 300 feet of the new or replacement
utility pole or wireless support structure that is in the same right-of-way' or (ii) 45 feet above
ground level The Village shall designate which intersecting right-of-way within 300 feet of the
proposed utility pole or wireless support structure shall control the height limitation.
F. Facilities Installed Above Ground. Above ground facilities may be installed only if:
3. The proposed installation will be made at a location, and will employ suitable design
and materials, to provide the greatest protection of aesthetic qualities of the area
being traversed without adversely affecting safety. Suitable designs include, but are
not limited to, self-supporting armless, single-pole construction with vertical
configuration of conductors and cable. Existing utility poles and light standards
municipally-owned infrastructure shall be used wherever practicable; the installation of
additional utility poles or monopoles is strongly discouraged.
H Design and Appearance Standards.
presep,evisual g alit"
or alteration of trees E)r terrain features visible te the right c)f way useF or to adjaGe4#
being traversed
facility shall require the appreval of the Village MaRager, whe may GE)Rdition apprGval an
te i'mat the visual OR neighbGFiRg re6idential U686. ReIGGatiGR shall be deemed
1. Residential Design Standards.
Purpose: ensure visually acceptable facility design and to provide discretion on required and preferred
design of small wireless facilities.
Ordinance 2018-ROW-UTLY-G-1130
Title 8,Section 6
Installation of Certain Small Wireless Facilities in ROW
Page 12 of 18
Applicability: These design standards shall apply to each Facility located in a district zoned for residential
uses:
a) Applicants must use architectural treatments and stealth techniques to reduce
potential visual impacts from all small wireless facilities.
b) All new utility poles installed for the purpose of mounting a facility must be stealth
or camouflaged to blend into the surrounding environment. Examples of stealth
of camouflage designs are presented in Figure 1 below.
C) Small wireless facilities and all ancillary equipment associated with the facility
must not emit sound.
d) Cables must be routed directly from the -ground through the pole and equipment
enclosures must completely enclose or hide cabling. No exposed cable is
allowed.
e) No flashing lights or unnecessary, non-essential stickers are allowed to be
placed on any facility. Stickers must be designed in the same color as the pole
to which they are attached.
f) In no case shall equipment block the sidewalk or pedestrian pathway. All
installations must maintain accessibility requirements and standards.
g) All newly installed equipment must be painted with graffiti-resistant pain to match
pole color and surroundings.
h) Colors and materials for small wireless facilities shall be chosen to minimize the
visibility of the facility.
i) Antennas attached to existing poles or municipally-owned infrastructure shall be
painted and textured to match the existing structure.
j) Any ground-mounted facility shall be painted with non-reflective matte finish paint
using color shades that are comparable or blend with surrounding natural
elements such as soil, trees, or grasslands. Any-ground-mounted facility shall be
screened from the yard of the property in front of which it is located using year-
round landscaping materials. The owner of the ground-mounted facility shall
guarantee the landscaping materials for a period of one-year from planting
k) All disturbed pavement and landscaping shall be replaced and areas of bare or
disturbed soils must be re-vegetated. If replacement landscape is determined to
be infeasible the Village may accept mitigation funds to use elsewhere. The
owner of the ground-mounted facility shall guarantee the restoration work or
reseeding for a period of one-year.
1) No facility may display any signage or advertisements unless expressly allowed
by the Village in a written approval, recommended under FCC regulations or
required by law or permit condition. Every facility shall at all times display
signage that accurately identifies the facility owner and provides the facility
owner's unique site number, and also provides a local or toll-free telephone
number to contact the facility owner's operations center. All required or permitted
signage must face toward the street or otherwise placed to minimize visibility
from adjacent sidewalks and structures.
Ordinance 2018-ROW-UTLY-G-1130
Title 8,Section 6
Installation of Certain Small Wireless Facilities in ROW
Page 13 of 18
Figure 1. Sample Stealth Designs for Small Cell Utility Poles:
Integrated Concealment Poles
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V,-: k.;>Ati l'iiu;
Ordinance 2018-ROW-UTLY-G-11 130
Title 8,Section 6
Installation of Certain Small Wireless Facilities in ROW
Page 14 of 18
icealFabi7
pV
A'W
Ordinance 2018-ROW-UTLY-G-1130
Title 8,Section 6
Installation of Certain Small Wireless Facilities in ROW
Page 15 of 18
2. Design Standards in Special Aesthetic/Economic Purpose Zones.
Purpose: to protect and promote the Village's unique character in a manner consistent with State and
federal laws and regulations.
Applicability: These design standards shall apply to (a) each area, district, neighborhood or zone
expressly designated in the Village's Comprehensive Plan as having special aesthetic or economic
impacts on the welfare of the communitv and (b) each redevelopment area designed under the Tax
Increment Allocation Redevelopment Act or the Business District Development and Redevelopment Act:
a) Siting of small wireless facilities in special aesthetic/economic purpose zones must
respect the existing character or design ordinance of established zone.
b) Applicants must include proposed stealth and concealment measures in their
applications.
c) Effective camouflage so as to disguise the facility so that it appears to be something
other than a facility and is at the same time compatible with its surroundings (for
example, designed to look like a tree).
d) Small wireless facilities must be designed so that the facilities silhouette, mass and
color are masked in such a way as to be virtually indistinguishable from their
background.
e) Examples of stealth of camouflage designs are presented in Figure 1.
3. Design Standards in Historic Districts.
Purpose: to promote the educational cultural economic and general welfare of the Village by identifying,
preserving protecting enhancing and encouraging the continued utilization and the rehabilitation of such
areas properties structures sites and objects having a special historical interest or value to the Village
and its citizens.
Applicability: These design standards apply in any historic district or on any historic landmark:
a) Districts, sites, buildings, structures or objects, significant in American history,
architecture archeology, engineering or culture, that are listed, or are eligible for
listing in the National Register of Historic Places are to be avoided, to the greatest
extent possible. Local landmarked buildings, properties, sites, or historic districts that
are so recognized by an ordinance that meets the requirements of the certified Local
Government Program of the Illinois State Historic Preservation Office are also to be
avoided, to the greatest extent possible.
b) Applicants must include proposed stealth and concealment measures in their
applications.
Ordinance 2018-ROW-UTLY-G-1130
Title 8,Section 6
Installation of Certain Small Wireless Facilities in ROW
Page 16 of 18
c) Applicant must implement said Village-approved design concepts, and the use of
camouflage or stealth materials as necessary in order to achieve compliance with
historic preservation review.
d) Prior to submitting an application, where the Applicant submits an application to site
facilities in a historic district, the Applicant must meet with the Village to discuss any
potential design modifications appropriate for the installation.
e) When siting a facility in a historic district, wireless provider must avoid removing,
obscuring or altering any historic material or significant architectural features.
Rehabilitation and make-ready work must not destroy the distinguishing character of
the property or its environment.
f) Deteriorated architectural features should be repaired rather than replaced, wherever
possible by means such as rust removal, calking, limited paint removal and
reapplication of paint.
4. General Design Standards.
Applicability: These design standards apply to all small wireless facilities:
a) All small wireless facilities not governed by the preceding design standards must be
placed so as to minimize visibility. The small wireless facility, including all ancillary
equipment and appurtenances, must be a color that blends with the surroundings of
the utility pole or municipally-owned infrastructure on which it is mounted and use
non-reflective materials which blend with the materials and colors of the surrounding
area and structures. Any wiring must be concealed within the freestanding facility or
covered with an appropriate cover.
b) The Village may discourage the installation of facilities in particular locations in order
to preserve visual quality.
c) A facility may be constructed only if its construction does not require extensive
removal or alteration of trees or terrain features visible to the right-of-way user or to
adjacent residents and property owners.
d) A facility may not be installed in a manner which defeats any existing concealment
elements of the utility pole or municipally-owned infrastructure to which it is attached.
e) Facilities under common ownership or operated on the same radio frequency shall be
separated as far as practicable.
6-8-4-9 .19 REMOVAL, RELOCATION, OR MODIFICATIONS OF UTILITY ITv FACT ITIES.
A. Notice. Within ninety(90) days following written notice from the Village, a utility shall, at its own
expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or
alter the position of any utility facilities within the rights-of-way whenever the corporate authorities
have determined that such removal, relocation, change or alteration, is reasonably necessary for
the construction, repair, maintenance, or installation of any Village improvement in or upon, or the
operations of the Village in or upon, the rights-of-way. Wireless providers are required to provide
the Village with written notice of its intent to sell or transfer small wireless facilities. Such notice
must include the name and contact information of the new wireless provider.
Ordinance 2018-ROW-UTLY-G-1130
Title 8,Section 6
Installation of Certain Small Wireless Facilities in ROW
Page 17 of 18
D. Abandonment of Facilities. Upen abandGRmeRt ef a faGility withiR the right of way of the Village,
the utility shall RGtify the Village withiR R'Rety (90) days. F0110WARg FeGempt Of 66IGh RGtiGe the
health, safety, and welfare. IR the eVeRt that the Village dGeS ROt diFeGt the utility that abandGRed
the faGility to remove it, by giving notice of abandonment to the Village, the abandoning utility
another utility or persen.
1. Small Wireless Facilities. As used in this section, a small wireless facility that is not
operated for a continuous period of 12 months shall be considered abandoned. The
owner of an abandoned small wireless facility shall notify the Village within ninety
(90) days of it being abandoned and the owner of that small wireless facility must
remove the small wireless facility within 90 days after sending such written notice to
the Village. The Village may direct the wireless provider to remove all or any portion
of the facility if the Village Engineer [Director of Public Worksl determines that such
removal will be in the best interest of the public health, safety and welfare. If the small
wireless facility is not removed within 90 days of such notice, the Village may remove
or cause the removal of the facility pursuant to the terms of its pole attachment
agreement for Village utility poles or through whatever actions are provided for
abatement of nuisances or by other law for removal and cost recover
2. Other Utility Facilities. As used in this section, a facility that is not operated for a
continuous period of 12 months shall be considered abandoned. Upon abandonment
of a facility within the rights-of-way of the Village, the utility shall notify the Village
within ninety (90) days. The owner of the abandoned facility must remove the facility
within 90 days after sending such written notice to the Village. The Village may direct
the utility to remove all or any portion of the facility if the Village Engineer [Director of
Public Worksl determines that such removal will be in the best interest of the public
health, safety and welfare. If the facility is not removed within 90 days of such notice,
the Village may remove or cause the removal of the facility pursuant to the terms of
its pole attachment agreement for Village utility poles or through whatever actions are
provided for abatement of nuisances or by other law for removal and cost recovery.
Section III: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent and only to the extent they are in conflict herewith.
Section IV: This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2018-ROW-UTLY-G-1130
Title 8,Section 6
Installation of Certain Small Wireless Facilities in ROW
Page 18 of 18
APPROVED THIS 101h Day of July, 2018
Gopal G. Lalmalani
Village President
PASSED THIS 1011 Day of July, 2018
Ayes: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
Nays: None
Absent:—None
OF
bsent: None
' ATTEST:
Charlotte K. Pruss
c', Village Clerk