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G-1199 - 11/23/2021 - GOVERNMENT LEGISLATION - Ordinances THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2021-PW-5G-UT-G-1199 A ORDINANCE AMENDING TITLE 8 CHAPTER 6 OF THE VILLAGE OF OAK BROOK CODE OF ORDINANCES GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 23rd day of November, 2021 ORDINANCE NO. 2021-PW-5G-UT-G-1199 A ORDINANCE AMENDING TITLE 8 CHAPTER 6 OF THE VILLAGE OF OAK BROOK CODE OF ORDINANCES WHEREAS, the Village of Oak Brook (the "Village") is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS, the Village has in full force and effect a codified set of those ordinances of the Village which are of a general and permanent nature, which said codified set is known and designated as the Village Code of the Village of Oak Brook, as amended; WHEREAS, Title 8 (Public Works) Chapter 6 (Construction of Facilities in the Rights-of- Way) Section 4 (PERMIT REQUIRED; APPLICATIONS AND FEES) provides for the application requirements for the contruction of facilities in the rights-of-way within the Village; WHEREAS, the Corporate Authorities of the Village desire to amend the Village Code to require applicants proposing the construction of new small cell wireless facilities to submit documentation certifying that the equipment being installed meets the requirements established by the Federal Communications Commission; and WHEREAS, the Corporate Authorities of the Village of Oak Brook are of the opinion that the aforementioned amendment to the Village's Code of Ordinances is in the best interest of the public safety, health and welfare of the residents of the Village of Oak Brook. NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled, the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows: Section One - Recitals 2 The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this Ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this Ordinance as legislative findings. Section Two-Amendment to Section 8-6-4 Title 8 (Public Works) Chapter 6 (Construction of Facilities in the Rights-of-Way) Section 4 (PERMIT REQUIRED; APPLICATIONS AND FEES) shall be amended as follows: 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 and obtaining a permit from the Village therefor, except as otherwise provided in this chapter. No application, approval, or permit shall be required for routine maintenance-,44e smaller, if the wireless provider notifies the Village at least ten (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. 3 The application for a small wireless facility, along with supporting information and notices, must be submitted to the Village Engineer. C. Minimum General Application Requirements: The application shall be made by the wireless provider or utility or the duly authorized representative and shall contain, at a minimum, the following: 1. The 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; 3. The names, addresses and telephone and telecopy numbers and e-mail addresses of all professional consultants, if any, advising the applicant with respect to the application; 4. A general description of the proposed work and the purposes and intent of the facility and the uses to which the facility will be put. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed; 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 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 4 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 8-6-9 of this chapter; and 7. Evidence of posting of the Security Fund as required in section 8-6-11 of this chapter; 8. Any request for a variance from one or more provisions of this chapter(see section 8-6-22 of this chapter); 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 maybe reasonably required by the Village. D. Supplemental Application Requirements For Specific Types Of Facilities:The permit application shall include the following items, as applicable to the specific 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; 2. In the case of natural gas systems, state the proposed pipe size, design, construction class, and operating pressures; 3. In the case of water lines, indicate that all requirements of the Illinois Environmental Protection Agency, Division of Public Water Supplies, have been satisfied; 4. In the case of sewer line installations, indicate that the land and water pollution requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control and other local or State entities with jurisdiction, have been satisfied; or 5 5. In the case of petroleum products pipelines, state the type or types of petroleum products, pipe size, maximum working pressure, and the design standard to be followed. 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; 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 of this chapter; aPA g. Applications must include the screening and stealth concealment methods used for each proposed small wireless facility covered by the application-.Land h. Applications must include the applicable Certification of compliance issued by the Federal Communications Commission ("FCC") detailing that the specific wireless equipment being installed meets the regulated limits for ionizing radiation. 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 6 information contained in a permit application shall be submitted by the applicant in writing to the Village within thirty (30) days after the change necessitating the amendment. F. Application Fees: Unless otherwise provided by franchise, license, or similar agreement, applications for permits pursuant to this chapter shall be accompanied by a fee in the amount established in the Village fee schedule. 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 six hundred fifty dollars ($650.00). 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 three hundred fifty dollars ($350.00) 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 one thousand dollars ($1,000.00). 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. Section Three—Codification The title, chapter(s) and section(s) adopted by this Ordinance shall be numbered and placed in an appropriate title, chapter(s), and sections(s) sections when and during the codification of the Oak Brook Municipal Code. Section Four— Home Rule Preemption 7 This Ordinance represents an exercise of the home rule powers conferred upon the Village of Oak Brook by the Constitution of the State of Illinois. This Ordinance is specifically intended to preempt state law pertaining to the extent permitted under the Constitution of the State of Illinois. Section Five— Effective Date: This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Section Six - Publication This Ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Seven - Conflict Clause That all ordinances or parts of ordinances in conflict with the terms of this Ordinance shall be repealed to the extent of said conflict. Section Eight—Saving Clause If any section, paragraph, clause or provision of this Ordinance is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of the remaining provisions of the Village's Municipal Code, which are hereby declared to be separable. Section Nine -Recording This Ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. [Remainder of page intentionally left blank;roll call to follow] 8 DECIDED pursuant to a Roll Call Vote: YES NO ABSENT PRESENT LAURENCE HERMAN x x MICHAEL MANZO x x JAMES NAGLE x x A. SURESH REDDY x x EDWARD TIESENGA x x ASIF YUSUF x x x GOPAL G. LALMALANI (if necessary) TOTAL 6 7 PASSED AND APPROVED by the Village of Oak ook Board of Trustees on the 23rd day of November, 2021: Gopal G. Lalmalani Village President ATTEST: VT 0 P Charlotte K. Pruss Village Clerk \ t1NT11 ,\ r 9