For the purposes of this chapter, the following terms shall have the following meanings:
ANTENNA. An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services. The antenna does not include an unintentional radiator, mobile station or device.
APPLICABLE CODES. Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes, including the National Electric Safety Code.
APPLICANT. A person or entity that submits a siting application and the agents, employees and contractors of such person or entity.
APPLICATION. A written submission to the village requesting authorization for the deployment of a personal wireless facility at a specified location.
COLLOCATE or COLLOCATION. Means:
(1) Mounting or installing an antenna facility on a pre-existing structure; and/or
(2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
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(53), 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.
FCC. The Federal Communications Commission of the United States.
FEE. A one-time charge.
HISTORIC DISTRICT or HISTORIC LANDMARK. A building, property, or site, or group of buildings, properties, or sites that are either:
(1) 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
(2) 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.
LAW. A federal or state statute, common law, code, rule, regulation, order, or local ordinance or resolution.
MICRO WIRELESS FACILITY. A small wireless facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.
MUNICIPAL UTILITY POLE. A utility pole owned or operated by the village in public rights-of-way.
PERMIT. A written authorization required by the village to perform an action or initiate, continue, or complete a project.
PERSON. An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization.
PUBLIC SAFETY AGENCY. The functional division of the federal government, the state, a unit of local government, or a special purpose district located in whole or in part within this state, that provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services to respond to and manage emergency incidents.
RATE. A recurring charge.
RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, public sidewalk, alley, or utility easement dedicated for compatible use. RIGHT-OF-WAY does not include village-owned aerial lines.
SMALL WIRELESS FACILITY. A facility that: (1) is mounted on structures 50 feet or less in height including its antennas; or (2) is mounted on structures no more than 10% taller than other adjacent structures; or (3) does not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume. All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume.
UTILITY POLE. A pole or similar structure that is used in whole or in part by a communications service provider or for electric distribution, lighting, traffic control, 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 structures 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 services provider.
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.
(Ord. 1938, passed 7-16-18; Am. Ord. 1975, passed 5-6-19)