(a) Purpose: The purpose of this section is to establish standards for the location, installation, and maintenance of small wireless facilities in compliance with the Illinois Small Wireless Facilities Deployment Act 1 and Village standards. Small wireless facilities shall be subject to the requirements of this section, this article, and Federal law.
(b) Definitions: Words or phrases in this section that are not defined in this subsection or in section 19-65 of this article shall have the meanings ascribed to them in the Illinois Small Wireless Facilities Deployment Act. The following words and phrases have the meanings ascribed to them:
Antenna: Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless 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.
Micro Wireless Facility: A small wireless facility that is not larger in dimension than twenty four inches (24") in length, fifteen inches (15") in width, and twelve inches (12") in height and that has an exterior antenna, if any, no longer than eleven inches (11").
Right-Of-Way Or ROW: For the purposes of collocation of small wireless facilities, means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, or utility easement dedicated for compatible use, and does not include Village-owned aerial lines.
SWF Act: The Illinois Small Wireless Facilities Deployment Act, 50 Illinois Compiled Statutes 835/1 et seq.
Small Wireless Facility Or SWF: A wireless facility that meets both of the following qualifications: 1) each antenna is located inside an enclosure of no more than six (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 six (6) cubic feet; and 2) all other wireless equipment attached directly to a utility pole associated with the facility is cumulatively no more than twenty five (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 Pole: A pole or similar structure that is used in whole or in part by 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: 1) equipment associated with wireless communications and 2) 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 the structure or improvements on, under, or within which the equipment is collocated or 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 entity 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 the 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, using wireless facilities.
Wireless Services Provider: An entity that 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.
(c) Permit Required: No SWF may be installed within the Village unless a permit is first obtained in accordance with the provisions of this article.
(d) Permit Application: All applicants for a permit to install an SWF within the Village must submit a written permit application to the Director of Public Works and Engineering by personal delivery, on a form provided by the Village. The permit application must include the following information and the information required by section 19-67 of this article, as applicable:
(1) Contact Information: The names and contact information of the wireless services provider and the wireless infrastructure provider if any.
(2) Description: A description and depiction of the wireless services provider's existing SWFs located within the Village.
(3) Location, Photographs: The location where each proposed small wireless facility or utility pole would be installed, including photographs of the location and its surroundings, depicting the utility poles or structures on which each proposed small wireless facility would be mounted or the location where a utility pole would be installed.
(4) Specifications, Drawings: Specifications and drawings prepared by a licensed professional structural engineer for each proposed SWF as it is proposed to be installed, with a certification that each SWF complies with all applicable size and location standards.
(5) Structural Analysis: A site-specific structural analysis for each location by a licensed professional structural engineer as well as any make-ready analysis for a Village utility pole that includes addressing the acceptability of the site for factors such as pole loading from existing utility equipment and conductors as well as the small wireless facility.
(6) Equipment, Model Numbers: The equipment type and model numbers for the antennas and all other wireless equipment associated with each proposed SWF.
(7) Number: The total number of SWFs the wireless services provider estimates it will seek within the Village.
(8) Schedule: A proposed schedule for the installation and completion of each proposed SWF, if approved.
(9) Proof Of Insurance: Proof of insurance coverage of the types and amount set forth in section 19-71 of this article.
(10) Certification Of SWF Act Compliance: A certification that the proposed SWF complies with subsection 15(d)(6) of the SWF Act and this article.
(11) Application Fees: An application fee in the amount established in the annual fee resolution.
(12) Owner, Co-Owner Certification: A certification from the owner or co-owner of the utility pole or wireless support structure that the owner or co-owner has approved installation of an SWF on the utility pole or wireless support structure.
(e) Review Of Application: Applications will be reviewed in accordance with the following process, except that the Director of Public Works and Engineering may alter the review process for an application as appropriate based on the elements of that application.
(1) Determination Of Completeness: Within thirty (30) days after an application is filed, the Director of Public Works and Engineering will determine whether the application is complete. The Director of Public Works and Engineering will notify the applicant of his or her determination. If an application is not complete, then the Director of Public Works and Engineering will identify the missing information.
(2) Processing Time Period: The Director of Public Works and Engineering will process a complete application to collocate: a) an SWF on an existing utility pole or wireless support structure within ninety (90) days, and b) an SWF on a new utility pole within one hundred twenty (120) days.
(3) Approvals; Permits; Duration: The Director of Public Works and Engineering will approve an application and issue a permit if it meets all requirements of the SWF Act and applicable Municipal Code requirements. All collocation under the permit must be completed within one hundred eighty (180) days after issuance of the permit, unless otherwise mutually agreed or for reasons authorized under the SWF Act. A permit is valid for five (5) years.
(4) Renewal: When the permit expires, the Village will renew the permit except if the Village determines the SWF does not conform to any applicable Federal, State, or local code or regulation. The wireless provider must provide all reports, plans, and other documents and data necessary for the Village to determine conformance of the SWF.
(5) Denial: The Director of Public Works and Engineering will deny an application if it does not meet all requirements of the SWF Act and applicable requirements of this Code. The Director of Public Works and Engineering will notify the applicant of the denial and the reason or reasons for the denial.
(6) Extensions Of Time: The time period for applications may be tolled by express written agreement of the applicant and the Village or a local, State, or Federal disaster declaration or similar emergency that causes the delay.
(f) Guidance On SWF Locations: Based on various factors including, among others, public safety, existing utility poles and wireless facilities, and potential adverse impacts, the applicant must consider collocation in these locations, with the items listed from most preferable to least preferable:
(1) Public Utilities' Poles: Utility poles owned or maintained by ComEd or other public utilities.
(2) Village Poles: Village-owned utility poles other than light poles or standards (whether existing or to be installed) in the following order of priority: a) within an arterial street right-of-way, b) within a parking lot or on other property related to a governmental or institutional use, and c) within a collector street right-of-way.
(3) Privately Owned Poles: Privately-owned utility poles, but only in locations approved by the Village.
(4) Village Light Poles: Village-owned light poles or standards (whether existing or to be installed) in the following priority: a) within an arterial street right-of- way, b) within a parking lot or on other property related to a governmental or institutional use, and c) within a collector street right-of-way.
(5) Other Poles: Utility poles, regardless of ownership, located in a rear yard (or abutting easement) of any residential dwelling.
(g) Decorative Utility Poles, Concealment Of SWF: If the Director of Public Works and Engineering determines that an SWF proposed by the applicant would have an unduly adverse impact on the abutting area unless the SWF is collocated on a decorative pole or is concealed, then the Director of Public Works and Engineering may require, as a condition of approval of that SWF, a decorative utility pole or concealment. The Director of Public Works and Engineering or a designee may meet with the applicant to determine the plans for the SWF under that circumstance. If an agreement on plans cannot be reached, then the Director of Public Works and Engineering may deny the permit for that proposed SWF. Without limiting the applicability of this provision to other areas in the Village, the Village has determined that any SWF proposed to be located in the C-1 Village Center District must be consistent with the Deerfield Streetscape Plan approved in 2000 (phase I) and 2002 (phase II), as it may be modified by the Village from time to time.
(h) Prohibited Locations: SWFs are prohibited at the following locations except as otherwise required by applicable law:
(1) Residential Property: On any property classified in a Residential District under the Village's zoning ordinance.
(2) Private Property: On any privately-owned property except with the approval of the Village.
(3) Government Property: On any property owned or controlled by a unit of local government that is not located within rights-of-way, except with the permission of the local government and approval of the Village.
(4) Poles With Equipment: On any utility pole that includes equipment such as capacitor banks, transformers, cable terminals, cable rises, fuses, or disconnects.
(i) Size, Height, And Location Of Components:
(1) Volume: No element of an SWF may exceed six (6) cubic feet in volume and all other wireless equipment attached directly to a utility pole associated with the SWF is cumulatively not more than twenty five (25) cubic feet.
(2) Overall Height: No element of an SWF may extend above forty five feet (45') above grade.
(3) Height Above Pole: No element of an SWF may extend more than ten feet (10') above a utility pole or wireless support structure on which it is collocated.
(4) New Utility Pole, Wireless Support Structure Height: A new or replacement utility pole or a new wireless support structure on which an SWF will be collocated may not exceed the higher of: a) ten feet (10') in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place as of the date the application is submitted to the Village, that is located within three hundred feet (300') of the new or replacement utility pole or wireless support structure and that is in the same right-of-way within the Village, or b) forty five feet (45') above ground level. No SWF installed on a new utility pole or wireless support structure may extend above that forty five foot (45') height.
(5) New Utility Pole Location: No new utility pole may be constructed for an SWF within one hundred feet (100') of an existing utility pole that the applicant may use on reasonable terms and conditions and without undue technical limits or undue additional costs.
(j) Color: Antennas and equipment cabinets must be in colors harmonious with, and that blend with, the natural features, buildings and structures surrounding such antenna and supporting structures, as well as with the utility poles or structures to which they are attached as determined by the Director of Public Works and Engineering. Any wiring or cables must be covered with an appropriate cover.
(k) Landscaping: The immediate area around any ground-mounted equipment or cabinets must be landscaped in a manner that largely screens the equipment and cabinets.
(l) Safety Requirements:
(1) Mounting Strength: The strength and sufficiency of the support structure, and the mounting of the antenna and related equipment, must be verified and stamped by a licensed structural engineer on the drawing required under subsection (d) of this section.
(2) Guy Wires Prohibited: No guy wire or other support wires may be used in connection with an SWF antenna or its related equipment except for preexisting guy wires or other support wires on a preexisting wireless support structure.
(3) Grounding: An SWF antenna and related structure must be bonded to a ground rod.
(4) Emergency Disconnection: An SWF antenna must have an emergency disconnect.
(5) Lighting: No SWF may be lighted unless required by the Federal Aviation Administration or other Federal or State agency with jurisdiction and authority.
(6) Signs And Advertising: Unless required by the Federal or State law, or by a rule of a Federal or State regulatory agency with jurisdiction and authority, no markings, signs, or advertising of any kind may be placed on any SWF component except unobtrusive identification or location markings.
(7) Building Codes And Safety Standards: An SWF must meet or exceed: a) all requirements of this Code, b) all other applicable local and State Building Codes and Electrical Codes, c) and industry standards.
(8) Regulatory Compliance: Each SWF and wireless facility must meet or exceed current standards and regulations of the Federal Communications Commission, the Federal Aviation Administration, and any other Federal or State agency with jurisdiction and authority.
(9) Utility Worker Safety: Prior to the commencement of SWF construction, the wireless provider must provide the Village with any required safety precautions for individuals working on or near the SWF. If refresher training, personal protective equipment, or tools are required for safety purposes related to an SWF collocated on a Village-owned utility pole, then the wireless services provider must reimburse the Village for all of its actual costs of those elements.
(m) IDOT, Cook County And Lake County Approvals: The applicant must provide proof of concurrence of IDOT, Cook County or Lake County, as applicable, for the use of traffic signals located on State or County roads.
(n) Abandonment: Any SWF that has been abandoned or is being used for a purpose other than its original purpose must be removed at the owner's expense. Abandonment includes, without limitation, any SWF that is not operated for a continuous period of twelve (12) months, or is otherwise out of operation or repair for any reason, or used for a purpose other than its original purpose. Notice to the owner of the facility must be given in compliance with the requirements of the SWF Act, and the owner must remove the facility within ninety (90) days of such notice.
(o) Collocation On Village Utility Poles:
(1) Rates And Fees For Use Of Village Utility Pole: The Village will set and charge nondiscriminatory rates and fees for collocation on Village utility poles. The Village will keep a written schedule of rates and fees in the Office of the Village Clerk.
(2) Annual Rate: In addition to the rates and fees for collocation, each wireless services provider must pay an annual fee as established in the annual fee resolution for each SWF located on a Village utility pole in right-of-way or on Village property not located in right-of-way.
(3) Operating Agreement: Prior to commencement of SWF construction on a Village-owned utility pole, the owner must develop an operating agreement satisfactory to the Director of Public Works and Engineering. The agreement must include protocols for emergency response and for maintenance of the utility pole and include emergency contacts, a contact for public inquiries, the utility billing address, and the legal address of the wireless services provider.
(p) SWF Equipment Replacement: The wireless provider must notify the Village at least ten (10) days prior to a planned equipment replacement and provide the equipment specifications. The replacement equipment must be the same size and/or smaller than the original installation.
(q) Right-Of-Way Permit: The wireless provider must secure a permit for any activities in the right-of-way that affect traffic patterns or require lane closures.
(r) General Standards:
(1) No Interference: Every wireless provider's operation of a wireless facility must not interfere with the frequencies used by any public safety agency for public safety communications. The wireless provider must install SWFs of the type and frequency that will not cause interference with any public safety agency's communications equipment. Unacceptable interference will be determined by and measured in accordance with industry standards and the FCC's regulations addressing unacceptable interference to public safety spectrum or any other spectrum licensed by the public safety agency.
(2) Curing Interference: If an SWF causes interference and the wireless provider has been given written notice of the interference by the Village or public safety agency, then the wireless provider, at its expense, must take all reasonable steps necessary to correct and eliminate the interference, including, without limitation, powering down the SWF and later powering it up for intermittent testing, if necessary. The Village may terminate a permit for an SWF based on interference if the wireless provider is not making a good faith effort to remedy the problem in a manner consistent with the abatement and resolution procedures for interference with public safety spectrum established by the FCC, including 47 CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR 90.675.
(3) Compliance With Contract Terms: Every wireless provider must comply with all requirements imposed by a contract between the Village and a private property owner that concern design or construction standards applicable to utility poles and to ground-mounted equipment located in right-of-way.
(4) Spacing: Every wireless provider must comply with spacing requirements in this section or any other applicable Municipal code or ordinance concerning the location of ground-mounted equipment located in the right-of-way. A wireless provider may apply for a variation of a spacing requirement.
(5) Undergrounding: Every wireless provider must comply with all Municipal codes and regulations regarding undergrounding of utilities and facilities that prohibit installation of new, or modification of existing, utility poles in a right- of-way. A wireless provider may apply for a variation of an undergrounding requirement.
(6) General Village Standards: Every wireless provider must comply with generally applicable Village standards for construction and public safety in the rights-of-way, including, without limitation, wiring and cabling requirements, grounding requirements, utility pole extension requirements, and sign restrictions. Every wireless provider must comply with all Village regulations applicable to the location, size, surface area and height of wireless facilities and the abandonment and removal of SWFs.
(7) Poles For Electricity Distribution: No wireless services provider may collocate an SWF on a Village utility pole that is part of an electricity distribution or transmission system within the communication worker safety zone of the pole or the electric supply zone of the utility pole, except that the antenna and support equipment of the SWF may be located in the communications space on the Village's utility pole and on the top of the utility pole if no other utility pole is available and the wireless provider complies with applicable codes for work involving the top of the utility pole. The terms "communications space", "communication worker safety zone", and "electric supply zone" shall have the meanings contained in the National Electric Safety Code.
(8) Public Safety Codes: Every wireless provider must comply with all applicable State, County, and Municipal codes, ordinances, and regulations that concern public safety.
(9) Decorative, Stealth, And Concealment Standards: Every wireless provider must comply with the Village's generally applicable written standards for decorative utility poles, and the Village's generally applicable standards regarding stealth, concealment, and aesthetics governing occupiers of the right-of-way, including the Village's design or concealment measures in a Historic District or regarding a historic landmark.
(10) Insurance: Every wireless provider must provide proof of insurance as provided in section 19-71 of this article.
(11) Indemnification: Every wireless provider must indemnify the Village as provided in section 19-72 of this article.
(s) Installation And Maintenance Of Wireless Facilities: Each wireless provider must construct, install, and maintain all wireless facilities in accordance with the standards set forth in this article. (Ord. 0-18-25, 7-16-2018)
Notes
| 1 | 5. 50 ILCS 835/1 et seq. |