For the purposes of this chapter, the following terms shall have the following meanings:
ACT. Illinois Small Wireless Facilities Deployment Act (ILCS Ch. 50, Act 835, §§ 1 et seq.) and; as may be amended from time to time.
ANTENNA. Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
APPLICABLE CODES. Public right-of-way ordinances of general application and uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes, as incorporated into the Village Code of Ordinances including the National Electric Safety Code.
APPLICANT. Any person who submits an application and is a wireless provider.
APPLICATION. A request submitted by an applicant to the village for a permit to collocate small wireless facilities, or a request that includes the installation of a new utility pole for such collocation, as well as any applicable fee for the review of such application.
AUTHORITY. Village and units of local government that have jurisdiction and control for use of public rights-of-way as provided by the Illinois Highway Code for placements within public rights-of-way or has zoning or land use control for placements not within public rights-of-way.
AUTHORITY UTILITY POLE. Utility pole owned and operated by an Authority in public rights-of-way.
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(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.
DESIGN STANDARDS. Criteria established by this chapter to reasonably reduce the visual impact of small wireless facilities in designated areas of the village.
FCC. The Federal Communications Commission of the United States.
FEE. A one-time charge.
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 §§ VI.D.1.a.i through VI.D.1.a.v of the Nationwide Programmatic Agreement codified at 47 C.F.R. 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.
LAW. A federal or State of Illinois 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.
PERMIT. A written authorization required by the village to perform an action or initiate, continue, or complete a project subject to this chapter.
PERMITTED USE. A small wireless facility: applied for; installed and operated in full conformance with the Act and this chapter.
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 of Illinois, a unit of local government, or a special purpose district located in whole or in part within Illinois, 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 Authority owned aerial lines.
SMALL WIRELESS FACILITY. A wireless facility that meets all of the following qualifications: (i) each antenna is located inside an enclosure of no more than six 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 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, and as may be subject to the design standards of this chapter.
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.
VARIATION. A variance granted by the Village Board to the height or design standards of this chapter.
VILLAGE. The Village of Diamond.
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 Illinois 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 Authority.
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. 2018-12, passed 7-24-2018)