Whereas, Village of Bartlett (the "Village") is a duly organized and validly existing home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and
Whereas, The Village uses the public rights-of-way within its corporate limits to provide essential public services to its residents and businesses and is authorized to regulate the public rights-of-way under section 11-80-1 of the Illinois Municipal Code 1 ; and
Whereas, the public rights-of-way within the Village are 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 rights-of-way are used, repaired and maintained in a manner that best serves the public interest; and
Whereas, the Village President and Board of Trustees (the "Corporate Authorities") previously adopted chapter 6, "Construction Of Utility Facilities In The Rights-Of-Way", of this title that established policies and procedures for construction of facilities on rights-of-way within the Village to provide public benefit consistent with the preservation of the integrity, safe usage and visual qualities of the Village's rights-of-way and the Village as a whole; and
Whereas, growing demand for personal wireless telecommunications services has resulted in increasing requests nationwide and locally from the wireless industry to place small cell distributed antenna systems and other personal wireless telecommunication facilities on utility and street light poles and other structures in the public rights-of-way; and
Whereas, the Illinois General Assembly has recently enacted Public Act 100-0585 known as the Small Wireless Facilities Deployment Act (the "Small Wireless Facilities Act") which became effective June 1, 2018; and
Whereas, the Small Wireless Facilities Act set forth the requirements for the collocation of small wireless facilities by local authorities; and
Whereas, the Small Wireless Facilities Act and Federal law limit the authority of local governments to enact regulations that prohibit or have the effect of prohibiting the provision of telecommunications services by wireless service providers, the Village is authorized under existing Federal law and State laws, including the Small Wireless Facilities Act, to enact appropriate regulations and restrictions relative to small wireless facilities, distributed antenna systems, and other personal wireless telecommunication facility installations in the public rights- of-way as long as said regulations do not conflict with State and Federal law; and
Whereas, the foregoing recitals are incorporated into and are made an express part of this chapter as findings and as a legislative statement of the Corporate Authorities. (Ord. 2018-73, 6-19-2018, eff. retroactive to 6-1-2018)
Notes
| 1 | 1. 65 ILCS 5/11-80-1, et seq. |