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G-1130 - 07/10/2018 - VILLAGE CODE - Ordinances Supporting Documents (2)REG BOT 071018 Agenda Item 8.A.9 - Micro Cells in ROW - Page 1 ITEM 8.A.9 BOARD OF TRUSTEES MEETING SAMUEL E. DEAN BOARD ROOM BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of July 10, 2018 SUBJECT: Small Wireless Facilities – Recommended Amendments to Right-of-Way Management Ordinance G-1117 FROM: Tony Budzikowski, AICP, Development Services Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move that the Village Board approve Ordinance 2018- ROW-UTLY-G-1130, An Ordinance Amending Title 8, Chapter 6 of the Village Code in Relation to Construction of Micro-Cells in the Rights-of-Way Background/History: The accompanying ordinance is an amendment to Ordinance G-1117 that was approved by the Village Board on November 14, 2017. At that time, staff and the Village Attorney thought it was necessary and appropriate to incorporate new policies and procedures for constructing utilities and telecommunication facilities in the Village rights-of-way. These regulations applied 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 the new Chapter could be maintained, repaired and operated as presently constructed, except as may be otherwise provided in any applicable franchise, license or similar agreement. Because many of the topics in the new ordinance were being discussed by the State General Assembly, it was anticipated that there could be some revisions or modifications to Title 8 in the future. The proposed Ordinance G-1130 incorporates the necessary changes for construction of micro- cells in the rights-of-way as a result of the Small Wireless Facilities Deployment Act that became effective on June 1, 2018. The accompanying memorandum prepared by Village Attorney Adam Simon highlights the recommended amendments to the Village’s right-of-way management ordinance that will help us to comply with the Small Wireless Facilities Deployment Act and allow us to control the attachment of “small cell” antennas to right-of-way infrastructure and the installation of new infrastructure to support small wireless facilities. A REG BOT 071018 Agenda Item 8.A.9 - Micro Cells in ROW - Page 2 separate text amendment to the zoning code will need to be processed for small wireless facilities located on property zoned for commercial or industrial uses, which the Act designates as permitted uses. Recommendation: Staff recommends that the Village Board approve the accompanying ordinance. Approve Resolution G-1130 A Professional Corporation 175 E. Hawthorn Parkway, Suite 145 Vernon Hills, IL 60061 www.ancelglink.com Adam B. Simon asimon@ancelglink.com Jessica E. DeWalt jdewalt@ancelglink.com CHICAGO ● VERNON HILLS ● NAPERVILLE ● CRYSTAL LAKE ● BLOOMINGTON M E M O R A N D U M To: Municipal Clients From: Adam B. Simon Jessica E. DeWalt Subject: Small Wireless Facilities Deployment Act Recommended Amendments to Right-of-Way Management Ordinance Date: May 16, 2018 On June 1, 2018, the Small Wireless Facilities Deployment Act (the “Act”) will become effective. As a result, the power for municipalities to control the attachment of “small cell” antennas to right-of-way infrastructure, and the installation of new infrastructure to support small wireless facilities, will be limited. However, you should not get the impression that your regulatory authority has been completely eliminated. There are still important rules which your community can enact and enforce. This memorandum highlights our recommended amendments to your right-of-way management ordinance to comply with the Act.1 If you have any questions about the amendments or their application to a particular facility, please contact either one of us or your regular Ancel Glink attorney for assistance. ZONING NOTE: We have elected not to combine into this ordinance the changes the Act requires be made to your zoning code. For one, each zoning code is unique, so it is impossible to create a model amendment. Moreover, a zoning amendment requires a public hearing and your right-of-way regulations do not. For these reasons, we strongly encourage you to adopt the attached amendments as soon as possible, but also to begin the process of amending your zoning code as it relates to small wireless facilities located on property zoned for commercial or industrial uses, which the Act designates as permitted uses. No change needs to be made for small wireless facilities located in residential zones or to the rules applicable to macro-wireless antenna facilities (e.g. monopoles). 1 Please be advised that the memorandum, and the attached ordinance, is explicitly based on the model right-of-way ordinance published by the Illinois Municipal League in response to the enactment of the Cable and Video Competition Law of 2007 (the “IML Ordinance”). If your right-of-way management ordinance does not match the IML Ordinance, please contact either one of us or your regular Ancel Glink attorney if you wish to adopt it for your community. ANCEL, GLINK, DIAMOND, BUSH, DICIANNI & KRAFTHEFER, P.C. Small Wireless Facilities Deployment Act Recommended Amendments to Right-of-Way Management Ordinance May 16, 2018 Page 2 CHICAGO ● VERNON HILLS ● NAPERVILLE ● CRYSTAL LAKE ● BLOOMINGTON Definitions. The additional definitions are taken from the terms defined in the Act. We want to highlight a couple words that are important for the implementation and enforcement of the new rules. Historic District/Historic Landmark. This term requires the district or landmark to be formally designated pursuant to State or federal program guidelines. A community cannot simply designate an area or property as “historic” for the purpose of frustrating the ability for wireless providers to install small wireless facilities. Nonetheless, when a property or district is granted this designation, your community can enforce strong rules to protect the intrinsic characteristics of the property or district. Small Wireless Facility. This definition also serves to regulate the maximum size of a small cell antenna installation. Municipal regulations may not require small wireless facilities to be smaller than the dimensions described in this definition, but wireless providers do not enjoy the benefits of the Act if they elect to make a facility larger than the size described. Permits Required; Application and Fees. Even though the Act deems small wireless facilities as permitted uses in the right-of-way and in areas zoning exclusively for commercial or industrial uses, it does not take away your right to demand a permit application and to review plans. However, when a wireless provider wants to perform routine maintenance, replace an existing small wireless facility with a substantially similar substitute, or install micro wireless facilities, no permit or application may be required so long as the wireless provider gives you 10 days prior notice. The Act permits the community to require specific application materials as part of a complete permit application. Importantly, you may require a site specific structural analysis and engineering drawing for each proposed small wireless facility covered by the application that has been prepared and stamped by a licensed engineer. The plans must demonstrate that 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 Act limits the amount of permit fees that the community may charge depending on the number of small wireless facilities combined in one application and whether a new pole is required. A wireless provider may combine up to 25 small wireless facilities in one application, but you may accept or deny each location separately. ANCEL, GLINK, DIAMOND, BUSH, DICIANNI & KRAFTHEFER, P.C. Small Wireless Facilities Deployment Act Recommended Amendments to Right-of-Way Management Ordinance May 16, 2018 Page 3 CHICAGO ● VERNON HILLS ● NAPERVILLE ● CRYSTAL LAKE ● BLOOMINGTON Action on Permit Application. Much like with large-scale cellular installations, the Act creates a shot clock for how long you may review an application. The Act expresses that an application to collocate a small wireless facility on an existing pole shall be deemed approved if no action is taken within 90 days from when it is submitted. The deadline is extended to 120 days for new poles. It is very important to promptly determine if each application is complete because the community may toll the shot clock only if it gives notice to the applicant within the first 30 days that the application is incomplete. The shot clock is then extended for so long as it takes for the applicant to supplement the application. If your permit officer determines the application should be denied, the decision must be communicated to the applicant in writing with citations to the specific Code requirements that the application fails to satisfy. A denied application may be resubmitted, in response to which the community must make a decision within only 30 days. Effect of Permit. A permit to install a small wireless facility is only valid for 180 days, after which it shall expire and the applicant must start from scratch. Permits must grant authority for the small wireless facility for not less than five years. Annual Recurring Rates for Small Wireless Facilities. In the event the applicant wishes to install a small wireless facility on municipally-owned infrastructure (e.g. light pole), the community may charge rent at a rate no greater than $200 per year. The rent may be higher only if the municipality can demonstrate its actual, direct and reasonable costs for hosting the equipment. The statute does contain a provision which avoids the nullification of any existing pole attachment agreement which provides for other rate schedules, but only for facilities which are installed before the second anniversary of the effective date of the Act. Public Safety and Traffic Control. The Act protects the operation of wireless dispatch radios and allows the municipality to order the wireless provider to eliminate any unacceptable interference. Because the wireless radio spectrum is closely regulated by the FCC, it is unlikely that such interference will occur, but if it does the public safety system is given first priority. Location of Facilities. It is in this section of the amended ordinance where the community may exercise its greatest control over small wireless facilities. Unfortunately, you may not require the placement of small wireless facilities on a particular utility pole. However, should the application necessitate the installation of a new utility pole, the Village may propose that the small wireless facility be collocated ANCEL, GLINK, DIAMOND, BUSH, DICIANNI & KRAFTHEFER, P.C. Small Wireless Facilities Deployment Act Recommended Amendments to Right-of-Way Management Ordinance May 16, 2018 Page 4 CHICAGO ● VERNON HILLS ● NAPERVILLE ● CRYSTAL LAKE ● BLOOMINGTON on an existing utility pole or existing support structure within 100 feet of the proposed collocation. To qualify as a small wireless facility, the new antenna attachment may be no greater than 10 feet above the height of the pole to which it is attached. New poles may not exceed 45 feet in height or 10 feet taller than the height of the tallest existing pole located within 300 feet along the same road, whichever is higher. It is very important to recognize that the Act grants authority to apply generally applicable design and appearance standards to facilities located in the right-of-way. As a result, we have recommended special aesthetic regulations for three categories of neighborhoods in the community: (1) residential zones, (2) areas identified in your planning or economic development ordinances as having special aesthetic or economic significance to the community, and (3) historic districts and landmarks. The ordinance also contains images that are intended to be examples of small wireless facilities that have implemented a stealth or camouflage design. While the Act allows you to enforce this type of design, the rule must be balanced with the permitted dimensions for a small wireless facility (6 cubic feet in volume). Therefore, the community may wish to create incentives for the use of stealth or camouflage designs by granting administrative height variances in consideration for the diminished aesthetic impact. Furthermore, if an existing pole has been erected with a design intended to conceal the appearance of an attachment in accordance with the Village’s written design standards, a new small wireless facility may not be attached in a way which defeats the concealment. Removal, Relocation or Modification. The Act provides for special rules applicable to the removal of abandoned small wireless facilities which have been incorporated into the amendments. A small wireless facility shall be deemed abandoned if it is not operated for a continuous period of 12 months. Once it is deemed abandoned, it must be removed within 180 days. Variances. While there are no changes to this section of the right-of-way management rules, the Act emphasizes the availability of variance procedures to avoid the strict enforcement of your rules in a way which would result in a de facto denial, even where the rules do not represent a ban on the facilities. Because the State has declared that small wireless facilities are a permitted and intended use of the right-of- way, you will develop a better relationship with wireless providers, and perhaps receive more cooperation in return, if you administer your rules as a partner rather than an enemy combatant. 4827-2984-9701, v. 3 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. Ordinance 2018- ROW -UTLY-G-1130 Title 8, Section 6 Installation of Certain Small Wireless Facilities in ROW Page 2 of 18 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 strikethrough): 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 utility facilities; 9. Assure the continued safe use and enjoyment of private properties adjacent to utility 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 electrom agnetic 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. Ordinance 2018- ROW -UTLY-G-1130 Title 8, Section 6 Installation of Certain Small Wireless Facilities in ROW Page 3 of 18 “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. Ordinance 2018- ROW -UTLY-G-1130 Title 8, Section 6 Installation of Certain Small Wireless Facilities in ROW Page 4 of 18 “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 [or designee], 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 of 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 Works] 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 Works]. C. Minimum General Application Requirements. The application shall be made by the wireless provider or utility or its 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 Ordinance 2018- ROW -UTLY-G-1130 Title 8, Section 6 Installation of Certain Small Wireless Facilities in ROW Page 5 of 18 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 lim itation, 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 21 22); 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 Utilities Facilities. The permit application shall include the following items, as applicable to the specific utility facility that is the subject of the permit application: 1. In the case of the installation of a new electric power, communications, telecommunications, 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; Ordinance 2018- ROW -UTLY-G-1130 Title 8, Section 6 Installation of Certain Small Wireless Facilities in ROW Page 6 of 18 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 g) 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 utility 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 ____________]. 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 Works] within a reasonable time after filing on a nondiscriminatory basis. If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, and or regulations that concern public safety, the Village Engineer [Director of Public Works] shall reject such application in writing, stating the reasons therefore 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 paying 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 therefore as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to the Ordinance 2018- ROW -UTLY-G-1130 Title 8, Section 6 Installation of Certain Small Wireless Facilities in ROW Page 7 of 18 satisfaction of the Village Engineer [Director of Public Works], 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 under 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 Village 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 insurance in compliance with title`, Chapter 8 of this Code. In addition to such insurance, each utility occupying right-of-way or constructing any facility in the right-of-way shall ensure the commercial general liability insurance includes coverage for explosion, collapse and underground hazard (commonly referred to as X, C and U coverages). If the utility is not providing such insurance to protect contracts and subcontractors performing the work common, then such contractors and subcontractors shall comply with this section.. 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: Ordinance 2018- ROW -UTLY-G-1130 Title 8, Section 6 Installation of Certain Small Wireless Facilities in ROW Page 8 of 18 1. Commercial general liability insurance, including 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. Ordinance 2018- ROW -UTLY-G-1130 Title 8, Section 6 Installation of Certain Small Wireless Facilities in ROW Page 9 of 18 8-6- 14 -15 PUBLIC SAFETY AND TRAFFIC CONTROL. A. Public Safety. The placement of any antenna, wireless facility or small wireless facilities located in 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 [or for the Village’s electric utility uses]. 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. B. 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. D. 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 8-6-21 of this Chapter, the wireless provider or utility shall provide such notice as is practicable under the circumstances. E. F. Compliance. The wireless provider or utility shall take immediate action to correct any deficiencies in traffic protection requirements that are brought to the utility’s its attention by the Village. 8-6-15 -16 LOCATION OF FACILITIES. A. General Requirements. In addition to location requirements applicable to specific types of utility 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. Ordinance 2018- ROW -UTLY-G-1130 Title 8, Section 6 Installation of Certain Small Wireless Facilities in ROW Page 10 of 18 E Freestanding Facilities. 1. The Village may restrict the location and size of any 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 freestanding facility is higher by more than ten feet (10') or more than ten percent (10%), whichever is greater, than any other existing, freestanding facility located within the right-of-way within five hundred feet (500') of the proposed facility, measured along the center line of the respective right-of-way. Where there are no other freestanding facilities located within five hundred feet (500') of the proposed facility, the maximum height of the freestanding facility shall be sixty feet (60'). 2. The Village may require any freestanding facility located within a right-of-way to be screened from view. 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 reject 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. 1. The Village may prohibit the installation of facilities in particular locations in order to preserve visual quality. 2. 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, and if it does not impair the aesthetic quality of the lands being traversed. 3. Any aboveground facility located adjacent to a residential use which is not a concealed facility shall require the approval of the Village Manager, who may condition approval on the reasonable relocation of the proposed facility and adherence to restrictions designed to limit the visual impacts on neighboring residential uses. Relocation shall be deemed reasonable if it does not have a material effect on the capability of the facility, or the network of which it is a part, to perform its essential function. 4. Any aboveground facility located in a historic or architecturally significant district must be a concealed facility. 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. l) 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: Ordinance 2018- ROW -UTLY-G-1130 Title 8, Section 6 Installation of Certain Small Wireless Facilities in ROW Page 14 of 18 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 community; 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. 6-8-18 .19 REMOVAL, RELOCATION, OR MODIFICATIONS OF UTILITY FACILITIES. 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. Upon abandonment of a facility within the right-of-way of the Village, the utility shall notify the Village within ninety (90) days. Following receipt of such notice the Village may direct the utility to remove all or any portion of the facility if the Village Engineer [Director of Public Works] determines that such removal will be in the best interest of the public health, safety, and welfare. In the event that the Village does not direct the utility that abandoned the facility to remove it, by giving notice of abandonment to the Village, the abandoning utility shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person. 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 Works] 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 recovery. 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 Works] 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 10th Day of July, 2018 Gopal G. Lalmalani Village President PASSED THIS 10th Day of July, 2018 Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk