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G-1117 - 11/14/2017 - PUBLIC WORKS - Ordinances Supporting Documents ITEM 6.C.6) BOARD OF TRUSTEES MEETING VILLAGE OF SAMUEL E. DEAN BOARD ROOM OAK B RBUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of November 14, 2017 SUBJECT: Text Amendment- Construction of Utility Facilities in the Right-of-Way FROM: Tony Budzikowski, AICP, Development Services Director b BUDGET SOURCE/BUDGET IMPACT: NA RECOMMENDED MOTION: I move to approve Ordinance 2017-ROW-TLY- G-1117, An Ordinance Amending Title 8 of the Village Code in Relation to Construction of Utility Facilities in the Rights-of-Way Background/History: Staff has been working with the Village Attorney since early 2017 to prepare a new Chapter that will be added to Title 8, Public Works Regulations. The new Chapter 6 would establish policies and procedures for constructing utilities and telecommunication facilities in Village rights-of-way. The ordinance amendment would apply to all utility and telecommunication facilities on, over, above, along, upon, under, across or within the rights-of-way within the Village's jurisdiction. A facility established before the effective date of this Chapter may continue to be maintained, repaired and operated as presently constructed, except as may be otherwise provided in any applicable franchise, license or similar agreement. The proposed ordinance was initially intended to regulate utilities in Village rights-of- way but more recently Staff and the Village Attorney determined that these new regulations should also include telecommunications facilities because of the new infrastructure that is being required to support the increased demand and capacity for larger amounts of data and voice communications. The industry focus on new infrastructure is being seen in a series of small individual antenna locations called "small cells" or "microcells" that are connected to a large hub site, typically an existing telecommunications tower, either by fiber optic cable or radio transmission. Small cells have less coverage area than cellular towers and these facilities are typically located on either new utility-sized poles or existing Village or Utility-owned poles and have REG BOT 111417 Agenda Item 6.17.5-Utilities in ROW.doc Page 1 AG equipment that includes a three foot (3') or four foot (4') tall antenna at the top of the pole, an electric meter, compact transmitters, receivers and other components that are also attached to the pole. Since this new technology is becoming more prevalent, staff believes it is appropriate to be proactive and incorporate both utility and telecommunication facilities in these new ordinance provisions in order to regulate construction in Village rights-of-way. Specific provisions that have been included in this ordinance are as follows: • Annual licensing provisions; • Permit applications and permit reviews; • Required insurance coverage and limits; • Location and size requirements; • Appearance standards; • Height limitations; and • Construction standards Many of the topics in this ordinance are currently being discussed at the State General Assembly which could potentially require some revisions or modifications to this ordinance in the future. That being said, staff does believe it is important to adopt reasonable policies and procedures right now because there are currently no comprehensive regulations in the Village Code to regulate and permit utility and telecommunication infrastructure in the Village's rights-of-way. Recommendation: Approve Ordinance G-1117. REG BOT 111417 Agenda Item 6.F.5-Utilities in ROW.doc Page 2