Small wireless facilities are permitted to be placed in a right-of-way subject to compliance with the Small Wireless Facilities Deployment Act, being 50 ILCS 840/1 et seq., the FCC Order, the Elk Grove Village Design Standards Manual, and to administrative staff review for each site to ensure compliance with the following regulations. Detailed aesthetic requirements for all zones of the village can be found in the small cell design standards manual.
A. Separation And Clearance Requirements: With respect to applications for the collocation of small wireless facilities associated with a new utility pole, the village, at its discretion, may require that the small wireless facility be collocated on an existing utility pole, or an existing wireless support structure within one hundred feet (100') of the proposed collocation. If the applicant determines the alternate location imposes technical limits, the applicant shall provide written certification specifically describing the technical limitations.
B. Height Limitations: The maximum permitted height of small wireless antennas shall be not greater than ten feet (10') feet above an existing utility pole or wireless support structure on which the small wireless facility is collocated. Unless otherwise authorized by the village Board, the height of a new or replacement utility pole or wireless support structure on which the small wireless facility is collocated is permitted to be the higher of (i) ten feet (10') in height above the tallest pole, other than utility poles supporting only small wireless facilities, that is in place on 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 of the villages jurisdictional boundary; or (ii) forty five feet (45') above ground level.
C. Interference: The small wireless facility shall not interfere with the frequencies used by a public safety agency for public safety communications. A wireless provider shall only install small wireless facilities of the type and frequency that will not cause unacceptable interference with public safety agencies communication equipment.
D. Contracts: The wireless provider shall comply with requirements imposed by a contract between the village and private owner concerning design or construction standards applicable to utility poles and ground mounted equipment in the right-of-way.
E. Spacing: Unless otherwise authorized by the village Board, the wireless provider shall comply with applicable spacing requirements for ground-mounted equipment located in the right-of-way.
F. Underground Utilities: Small wireless facility provider must comply with village code provisions concerning undergrounding utilities.
G. Public Safety: The wireless provider shall comply with all applicable regulations concerning public safety. It is important to note that small wireless facilities must not result in human exposure to radio frequency radiation in excess of applicable safety standards specified in 47 CFR Rule 1.1307(b).
H. Term: The duration of a permit for small wireless facilities shall be five (5) years. The permit may be renewed for additional five (5) year periods unless the village makes a finding that the small wireless facility does not comply with applicable codes.
I. Design Standards: The design of the small wireless facility must conform with the design guideline requirements as specified in the village's small cell design standards manual.
J. License Agreement: Wireless providers locating small wireless facilities on village owned property shall be required to enter into a license agreement with the village; subject to approval by the village Board. For small wireless facilities located on property not owned by the village, the wireless provider shall provide proof of a license agreement, lease or similar document demonstrating legal authority to locate small wireless facilities on property owned by the applicable government agency or private property owner.
K. Insurance: The wireless provider shall carry, at the wireless providers own cost and expense, (i) property insurance for its property's replacement cost against all risk; (ii) workman's compensation Insurance as required by law; and (iii) commercial liability insurance with respect to its activities and facilities maintained on the village rights-of-way.
L. Indemnification: A wireless provider shall indemnify and hold the village harmless against any and all liability or loss from personal injury or property damage resulting from or arising out of, in whole or in part, the use or occupancy of the authority improvements or right-of-way associated with such improvements by the wireless provider or its employees, agents, or contractors arising out of the rights and privileges granted under this chapter and Public Act 100-0585, the Small Wireless Facilities Deployment Act, being 50 ILCS 840/1 et seq. A wireless provider has no obligation to indemnify or hold harmless against any liabilities and losses as may be due to or caused by the sole negligence of the village or its employees or agents. A wireless provider shall further waive any claims that they may have against the village with respect to consequential, incidental, or special damages, however caused, based on the theory of liability.
M. Attachment Limitations: No small wireless facility and antenna within the right-of-way will be attached to a non-village utility pole, a village utility pole or wireless support structure, unless all of the following conditions are satisfied:
1. Surface Area Of Antenna: Each antenna shall be located inside an enclosure of no more than three (3) cubic feet in volume, or in the case of an antenna that has exposed elements, the antenna and all its exposed elements must fit within an imaginary enclosure of no more than six (6) cubic feet.
2. Size Of Equipment, Other Than Antenna: The total combined volume of all above-ground equipment and appurtenances comprising a small wireless facility, exclusive of the antenna itself, cannot exceed twenty eight (28) cubic feet.
3. Location Of Wireless Telecommunication Equipment: The operator of a small wireless facility must, whenever possible, locate the base of the equipment or appurtenances at a height of no lower than eight feet (8') above grade.
4. Color: A small wireless facility, including all related equipment and appurtenances, must comply with the applicable aesthetic standards regarding color of equipment to blend with the surrounding area and structures for construction in the village right-of-way. The color shall blend with the surroundings of the pole, structure tower or infrastructure on which it is mounted and use non-reflective materials, which blend with the materials and colors of the surrounding area and structures.
5. Antenna Panel Covering: A small wireless antenna may include a radome, cap or other antenna panel covering or shield. Such covering must be of a color that blends with the color of the pole on which it is mounted.
6. Wiring And Cabling: Wires and cables connecting the antenna to the remainder of the facility must be installed in accordance with the Village Code. No wiring and cabling serving the facility will be allowed to interfere with any wiring or cabling installed by a cable television or video service operator, electric utility or telephone utility.
7. Grounding: The small wireless facility must be grounded in accordance with the requirements of the Village Code.
8. Signage: Other than signs required by federal law or regulations or identification and location markings, installation of signs on a personal wireless telecommunication facility is prohibited.
9. Equipment Location: Small wireless utilities located on a utility pole shall not be installed within the communication worker safety zone of the pole or the electric supply zone of the pole. Small wireless facilities may be located in the communication space and on top of the utility pole if space is otherwise not available in accordance with applicable codes.
(Ord. 3562, 7-17-2018; amd. Ord. 3631, 9-24-2019)