A. Standards And Principles: All construction in the right-of-way shall be consistent with applicable ordinances, codes, laws, rules and regulations, and commonly recognized and accepted traffic control and construction principles, sound engineering judgment and, where applicable, the principles and standards set forth in the following IDOT publications:
1. Standard Specifications for Road and Bridge Construction;
2. Supplemental Specifications and Recurring Special Provisions;
3. Highway Design Manual;
4. Highway Standards Manual;
5. Standard Specifications for Traffic Control Items;
6. Illinois Manual On Uniform Traffic Control Devices (92 Ill. Adm. Code section 545);
7. Flagger's Handbook; and
8. Work Site Protection Manual for Daylight Maintenance Operations.
B. Interpretation Of Municipal Standards And Principles: If a discrepancy exists between or among differing principles and standards required by this chapter, the Director of Public Works and Engineering shall determine, in the exercise of sound engineering judgment, which principles apply and such decision shall be final. If requested, the Director of Public Works and Engineering shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future.
C. Small Wireless Facilities: The purpose of this subsection C is to establish standards for the location, installation, and maintenance of small wireless facilities in compliance with the Illinois Small Wireless Facilities Deployment Act and City standards.
1. Definitions: Words or phrases in this subsection that are not defined in this subsection 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:
SWF: Means a small wireless facility.
SWF ACT: Means the Illinois Small Wireless Facilities Deployment Act.
UTILITY POLE: Means 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: Means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: a) equipment associated with wireless communications and b) 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: Means 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 a wireless services provider for the application submitted to the City.
WIRELESS PROVIDER: Means a wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES: Means 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: Means an entity that provides wireless services.
2. Permit Required: No SWF may be installed within the City unless a permit is first obtained in accordance with the provisions of this chapter.
3. Permit Application: All applicants for a permit to install an SWF within the City must submit a written permit application to the Director of Public Works and Engineering by personal delivery, on a form provided by the City. The permit application must include the following information:
a. Contact Information: The names and contact information of the wireless services provider and the wireless infrastructure provider if any.
b. Description: A description and depiction of the wireless services provider's existing SWFs located within the City.
c. Location, Photographs: The location and photographs of each proposed SWF and its surroundings, depicting the poles or structures on which each proposed SWF would be mounted.
d. Specifications, Drawings: Specifications and drawings prepared by a licensed professional 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.
e. Structural Analysis: A site-specific structural analysis of each location by a licensed professional engineer that examines the acceptability of the site for factors such as pole loading from existing utility equipment and conductors as well as the SWF.
f. Equipment, Model Numbers: The equipment type and model numbers for the antennas and all other wireless equipment associated with each proposed SWF.
g. Number: The total number of SWFs the wireless services provider estimates it will seek within the City.
h. Schedule: A proposed schedule for the installation and completion of each proposed SWF.
i. Proof Of Insurance: Proof of insurance coverage of the types and amount set forth in this subsection.
j. Certification Of SWF Act Compliance: A certification that the proposed SWF complies with subsection 15(d)(6) of the SWF Act and this subsection.
k. Application Fees: An application fee of: 1) six hundred fifty dollars ($650.00) for a single SWF, or 2) three hundred fifty dollars ($350.00) for each proposed SWF if the application includes two (2) or more SWFs, or 3) one thousand dollars ($1,000.00) for each SWF that includes the installation of a new utility pole.
l. 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.
4. 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.
a. 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 the Director of Public Works and Engineering determination. If an application is not complete, then the Director of Public Works and Engineering will identify the missing information.
b. Processing Time Period: The Director of Public Works and Engineering will process a complete application within ninety (90) days, except that a complete application that includes collocation of an SWF on a new utility pole will be processed within one hundred twenty (120) days.
c. Approvals, Permits: 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 City Code requirements. A permit is valid for five (5) years. When the permit expires, the City will renew the permit except if the City 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 City to determine conformance of the SWF.
d. 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.
5. 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:
a. Utility poles owned or maintained by ComEd or other public utilities.
b. Privately-owned utility poles, but only in locations approved by the City.
c. City-owned utility poles (whether existing or to be installed) in the following order of priority: 1) within an arterial street right-of-way, 2) within a parking lot or on other property related to a governmental or institutional use, and 3) within a collector street right-of-way.
d. City-owned light poles or standards (whether existing or to be installed) in the following priority: 1) within an arterial street right-of-way, 2) within a parking lot or on other property related to a governmental or institutional use, and 3) within a collector street right-of-way.
e. City-owned utility poles not included in subsections C5c or C5d of this section.
f. Utility poles, regardless how owned or by whom, located in a rear yard (or abutting easement) of a single-family detached dwelling.
6. 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.
7. Prohibited Locations: SWFs are prohibited at the following locations:
a. On any property classified in a residential district under the City's Zoning Code.
b. On any privately-owned property except with the approval of the City.
c. 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 City.
d. On any utility pole that includes equipment such as capacitor banks, transformers, cable terminals, cable rises, fuses, or disconnects.
8. Size Of Components: No element of an SWF may exceed six (6) cubic feet in volume.
9. Overall Height: No element of an SWF may extend above forty five feet (45') above grade.
10. Height Above Pole: No element of an SWF may extend more than ten feet (10') above a utility pole.
11. New Utility Pole, Wireless Support Structure Height: A new utility pole intended for an SWF, or a new wireless support structure, may not exceed a height of forty five feet (45'). No SWF installed on such a new utility pole or wireless support structure may extend above that forty five foot (45') height.
12. 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.
13. Color: Antennas and equipment cabinets must be in colors harmonious with, and that generally blend into, the surroundings.
14. 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.
15. Landscaping: The immediate area around any ground-mounted equipment or cabinets must be landscaped in a manner that largely screens the equipment and cabinets.
16. 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.
17. Grounding: An SWF antenna and related structure must be bonded to a ground rod.
18. Emergency Disconnection: An SWF antenna must have an emergency disconnect.
19. IDOT, Cook County Approvals: The applicant must provide proof of concurrence of IDOT or Cook County for the use of traffic signals located on State roads.
20. Lighting: No SWF may be lighted unless required by the Federal Aviation Administration or other Federal or State agency with jurisdiction and authority.
21. Signs And Advertising: Unless required by 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.
22. 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, and c) industry standards.
23. 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.
24. 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. Any SWF that has been out of operation for any reason, or used for a purpose other than its original purpose, for more than ninety (90) days will be deemed by the City to be abandoned.
25. Rates And Fee For Use Of City Utility Pole: The City will set and charge nondiscriminatory rates and fees for collocation on City utility poles. The City will keep a written schedule of rates and fees in the Office of the City Clerk.
26. Annual Rate: In addition to the rates and fees for collocation, each wireless services provider must pay an annual fee of two hundred dollars ($200.00) for each SWF located on a City utility pole in right-of-way or the actual, direct, and reasonable costs related to the wireless provider's use of space on the City's utility pole and an annual fee of three thousand six hundred dollars ($3,600.00) for each SWF on City property not located in right-of-way.
27. Operating Agreement: Prior to commencement of SWF construction on a City-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 inquires, the utility billing address, and the legal address of the wireless services provider.
28. Utility Worker Safety: Prior to the commencement of SWF construction, the wireless provider must provide the City 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 City-owned utility pole, then the wireless services provider must reimburse the City for all of its actual costs of those elements.
29. SWF Equipment Replacement: The wireless provider shall notify the City at least ten (10) days prior to the planned equipment replacement and provide the equipment specifications. The replacement equipment shall be the same size and/or smaller than the original installation.
30. 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.
31. General Standards:
a. 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 a public safety agency.
b. Curing Interference: If an SWF causes interference and the wireless provider has been given written notice of the interference by the City 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. The City 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.
c. Compliance With Contract Terms: Every wireless provider must comply with all requirements imposed by a contract between the City 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.
d. Spacing: Every wireless provider must comply with spacing requirements in this subsection or any other applicable City code and 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.
e. Undergrounding: Every wireless provider must comply with all City codes and regulations regarding undergrounding of utilities and facilities and prohibitions on 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.
f. General City Standards: Every wireless provider must comply with generally applicable City 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 City regulations applicable to the location, size, surface area and height of wireless facilities and the abandonment and removal of SWFs.
g. Poles For Electricity Distribution: No wireless services provider may collocate a wireless facility on a City utility pole that is part of an electricity distribution or transmission system within the communication worker safety zone of the utility pole or the electricity supply zone of the utility pole, except that the antenna and support equipment of the wireless facility may be located in the communications space on the City'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 National Electric Safety Code applies to the provisions of this subsection.
h. Public Safety Codes: Every wireless provider must comply with all applicable State, County, and City codes, ordinances, and regulations that concern public safety.
i. Decorative, Stealth, Concealment Standards: Every wireless provider must comply with the City's generally applicable written standards for decorative utility poles, and the City's generally applicable standards regarding stealth, concealment, and aesthetics, and the City's design or concealment measures in a historic district or regarding a historic landmark.
j. Insurance: Every wireless provider must provide proof of the following insurance coverage: 1) comprehensive motor vehicle liability with limits for vehicles owned, non-owned or rented not less than two million dollars ($2,000,000.00) bodily injury and property damage combined single limit and 2) commercial general liability with limits not less than five million dollars ($5,000,000.00) bodily injury and property damage combined single limit, and coverage written on an "occurrence" basis, and coverage to include premises operations, independent contractors, personal injury (with employment exclusion deleted), broad form property damage endorsement, "X", "C", and "U", and contractual liability.
k. Indemnification: Every wireless provider must agree that it will indemnify, save harmless, and defend the City against all damages, liability, claims, losses, and expenses (including attorneys' fee) that may arise, or be alleged to have arisen, out of or in connection with an SWF.
32. 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 chapter. (Ord. M-14-18, 6-18-2018)