A. Definitions: As used in this section, the following terms shall have the following meanings:
ALTERNATIVE ANTENNA STRUCTURE: An existing pole or other structure within the public right of way that can be used to support an antenna and is not a utility pole or a city owned infrastructure.
APPLICANT: Includes any person or entity submitting an application to install personal wireless telecommunication facilities within a public right of way.
CITY OWNED INFRASTRUCTURE: Infrastructure including, but not limited to, streetlights, traffic signals, towers or buildings owned, operated or maintained by the city.
DISTRIBUTED ANTENNA SYSTEM (DAS): A type of personal wireless telecommunication facility consisting of a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area.
LANDSCAPE SCREENING: The installation at grade of plantings, shrubbery, bushes or other foliage intended to screen the base of a personal wireless telecommunication facility from public view.
MONOPOLE: A structure composed of a single spire, pole or tower used to support antennas or related equipment.
PERSONAL WIRELESS TELECOMMUNICATION ANTENNA: An antenna that is part of a personal wireless telecommunications facility.
PERSONAL WIRELESS TELECOMMUNICATION EQUIPMENT: Equipment, exclusive of an antenna, that is part of a personal wireless telecommunications facility.
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITY: An antenna, equipment, and related improvements used, or designed to be used, to provide wireless transmission of voice, data, images, or other information including, but not limited to, cellular phone service, personal communication service, paging, and wi-fi antenna service.
SMALL CELL ANTENNAS: A personal wireless telecommunications facility consisting of an antenna and related equipment either installed singly or as part of a network to provide coverage or enhance capacity in a limited defined area.
TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. Except as otherwise provided for by this section, the requirements for a tower and associated antenna facilities shall be those required in this chapter and code.
UTILITY POLE: An upright pole used to support electric cables, telephone cables, telecommunication cables and related facilities owned and maintained by a public utility company as defined by the Illinois commerce commission.
VARIATION: A grant of relief by the director of public works from specific limitations of this section.
WI-FI ANTENNA: An antenna used to support wi-fi broadband internet access service based on the IEEE 802.11 standard that typically uses unlicensed spectrum to enable communication between devices.
B. Regulations And Standards: Personal wireless telecommunication facilities shall be permitted to be placed in rights of way as attachments to existing utility poles, alternative antenna structures, or city owned infrastructure subject to the following regulations:
1. Number Limitation: Not more than one personal wireless telecommunication facility may be located on a single utility pole.
2. Separation And Setback Requirements: Personal wireless telecommunication facilities may be attached to a utility pole, alternative antenna structure or city owned infrastructure only where such pole, structure or infrastructure is located no closer than one hundred feet (100') to any residential building and no closer than five hundred feet (500') from any other personal wireless telecommunication facility. A lesser setback may be allowed by the city council as a variance to this section when the applicant establishes that the lesser setback is necessary to close a significant gap in the applicant's services or to otherwise provide adequate services to customers, and the proposed antenna or facility is the least intrusive means to do so.
3. Collocation: Unless otherwise authorized by the director of public works as a variance for good cause shown, only one personal wireless telecommunications facility shall be allowed on each utility pole, alternative antenna structure, or single unit of city owned infrastructure for the use of a single personal wireless telecommunications facility operator. This subsection does not preclude or prohibit collocation of personal wireless telecommunication facilities on towers that meet the requirements as set forth elsewhere in this code.
4. City Owned Infrastructure: Personal wireless telecommunication facilities shall only be mounted to city owned infrastructure including, but not limited to, streetlights, traffic signal, towers or buildings, if authorized by a license agreement between the owner and the city.
5. New Towers: No new monopole or other tower to support personal wireless telecommunication facilities shall be installed on rights of way within the corporate limits of the city unless specifically authorized by the city council.
6. Attachment Limitations: No personal wireless telecommunication antenna or facility shall be attached to a utility pole, alternative antenna structure, or city owned infrastructure unless all of the following conditions are satisfied:
a. Surface Area Of Antenna: The personal wireless telecommunication antenna, including antenna panels, whip antennas or dish shaped antennas, shall not have a surface area of more than seven (7) square feet and no single dimension exceeding seven feet (7'). Omnidirectional or whip antennas may not extend more than seven feet (7'), not including any pole extension.
b. Size Of Aboveground Personal Wireless Telecommunication Facility: The total combined volume of all aboveground equipment and appurtenances comprising a personal wireless telecommunication facility, exclusive of the antenna itself, cannot exceed fifteen (15) cubic feet.
c. Personal Wireless Telecommunication Equipment: The operator of a personal wireless telecommunication facility shall, whenever possible, locate the base of the equipment or appurtenances at a height of no lower than eight feet (8') above grade.
d. Personal Wireless Telecommunication Services Equipment Mounted At Grade: In the event that the operator of a personal wireless telecommunication facility proposes to install a facility where equipment or appurtenances are to be installed at grade, screening shall be installed to minimize the visibility of the facility.
e. Height: A personal wireless telecommunication antenna shall not exceed more than thirty five feet (35') above ground level. The top of the highest point of the antenna may not extend more than seven feet (7') above the highest point of the utility pole, alternative antenna support structure, or city owned infrastructure and the combination of the height of the pole, support structure or infrastructure and the antenna extension shall not exceed thirty five feet (35').
f. Color: A personal wireless telecommunication facility, including all related equipment and appurtenances, shall be a color that blends with the surroundings of the pole, structure or infrastructure on which it is mounted and use nonreflective materials which blend with the materials and colors of the surrounding area and structures. Any wiring must be covered with an appropriate cover or cable shield.
g. Antenna Panel Covering: A personal wireless telecommunication antenna shall include a radome, cap or other antenna panel covering or shield and shall be of a color that blends with the color of the pole on which it is mounted.
h. Wiring And Cabling: Wires and cables connecting the antenna to the remainder of the facility shall be installed in accordance with the version of the national electrical code and national electrical safety code adopted by the city and in force at the time of the installation of the facility. In no event shall wiring and cabling serving the facility interfere with any wiring or cabling installed by a cable television or video service operator, electric utility or telephone utility.
i. Grounding: The personal wireless telecommunication facility shall be grounded in accordance with the requirements of the most current edition of the national electrical code adopted by the city and in force at the time of the installation of the facility.
j. Guywires: No guy or other support wires shall be used in connection with a personal wireless telecommunication facility unless the facility is proposed to be attached to an existing utility pole, alternative antenna support structure or city owned infrastructure that incorporated guywires prior to the date that an applicant has applied for a permit.
k. Pole Extensions: Extensions to utility poles, alternative support structures and city owned infrastructure utilized for the purpose of connecting a personal wireless telecommunications antenna and its related personal wireless telecommunications equipment shall be fabricated from material similar to the support pole, and shall have a degree of strength capable of supporting the antenna and any related appurtenances and cabling and capable of withstanding wind forces and ice loads in accordance with the structural integrity standards set forth in subsection B6l of this section. An extension shall be securely bound to the support pole, alternative antenna structure or city owned infrastructure in accordance with applicable engineering standards for the design and attachment of such extensions. No extensions fabricated from wood shall be permitted.
l. Structural Integrity: The personal wireless telecommunication facility, including the antenna, pole extension and all related equipment shall be designed to withstand a wind force of at least ninety (90) miles per hour, and be designed to withstand a wind force of at least forty (40) miles per hour which includes at least three- fourths (3/4) of an inch of ice all without the use of guywires. For any facility attached to city owned infrastructure or, in the discretion of the city, for a utility pole or alternative antenna structure, the operator of the facility shall provide the city with a structural evaluation of each specific location containing a recommendation that the proposed installation passes the standards described above. The evaluation shall be prepared by a professional structural engineer licensed in the state of Illinois.
7. Signage: Other than signs required by federal law or regulations, a personal wireless telecommunication facility shall not have signs installed thereon.
8. Screening: If screening is required under subsection B6 of this section, it shall be natural landscaping material or a fence subject to the approval of the city and shall comply with all regulations of the city. In lieu of the operator installing the screening, the city, at its sole discretion, may accept from the operator of the facility a fee of one thousand five hundred dollars ($1,500.00) for the acquisition and installation of landscaping material by the city. Appropriate landscaping shall be located and maintained and shall provide the maximum achievable screening, as determined by the city, from view from adjoining properties and public or private streets. Notwithstanding the foregoing, no such screening is required to extend more than nine feet (9') in height. Landscape screening when permitted in the right of way, shall be provided with a clearance of three feet (3') in all directions from the facility. The color of housing for ground mounted equipment shall blend with the surroundings. For a roof mounted facility, the maximum reasonably achievable screening shall be provided between such facility and the view from adjoining properties and public or private streets.
9. Permission To Use Utility Pole Or Alternative Antenna Structure: The operator of a personal wireless telecommunication facility shall submit to the city copies of the approval from the owner of a utility pole, or an alternative antenna structure, to mount the personal wireless telecommunication facility on that specific pole, or structure, prior to commencement of the installation. The utility company's approval shall also indicate that the occupation of the pole by the personal wireless telecommunication equipment will not limit the utility company's, or any other public utility currently utilizing the pole, ability to expand their facilities on the pole in the future. Approval by the utility company to allow the installation of a personal wireless telecommunication facility shall also include a guarantee by the utility company that the utility company will either cause the removal of abandoned equipment in accordance with subsection B12 of this section or remove the equipment themselves.
10. Licenses And Permits: The operator of a personal wireless telecommunication facility shall submit to the city copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of said facility and shall maintain such licenses and permits and provide evidence of renewal or extension thereof when granted.
11. Variance Requirements: Each location of a personal wireless telecommunication facility within a right of way shall meet all of the requirements of this section. Variances may be requested pursuant to the procedure and standards set forth in section 8-1-15 of this chapter.
12. Abandonment And Removal: Any personal wireless telecommunication facility located within the corporate limits of the city that is not operated for a continuous period of twelve (12) months, shall be considered abandoned and the owner of the facility shall remove same within ninety (90) days of receipt of written notice from the city notifying the owner of such abandonment. Such notice shall be sent by certified or registered mail, return receipt requested, by the city to such owner at the last known address of such owner. In the case of personal wireless telecommunication facilities attached to city owned infrastructure, if such facility is not removed within ninety (90) days of such notice, the city may remove or cause the removal of such facility through the terms of the applicable license agreement or through whatever actions are provided by law for removal and cost recovery. Additionally, where existing aerial utilities within a city right of way are underground, the operator of a personal wireless telecommunication facility shall, at its own cost, either underground its facilities or shall move its facilities to another location, pursuant to a newly issued city permit.
13. Governmental Wireless Telecommunication Facilities: This section shall not apply to personal wireless telecommunication facilities owned by the city.
14. Permits And Application Fees: Permits for placement of personal wireless telecommunication facilities are required. Except as otherwise provided for by this section, the procedures for the application for, approval of and revocation of such a permit shall be those required in section 8-1-4 of this chapter. Any applications shall demonstrate compliance with the requirements of this section. Unless otherwise provided by franchise, license, or similar agreement, or federal, state or local law, all applications for permits pursuant to this section shall be accompanied by a fee in the amount established in section 8-1-4 of this chapter. The application fee is to reimburse the city for regulatory and administrative costs with respect to the work being performed, which costs the city represents have been or will be incurred, and is not deemed to be compensation for the use of the rights of way as herein defined.
15. Conflict Of Laws: Where the conditions imposed by any provisions of this section regarding the siting and installation of personal wireless telecommunication facilities are more restrictive than comparable conditions imposed elsewhere in this chapter, code or in any other local law, ordinance, resolution, rule or regulation, the regulations of this section shall govern. (Ord. 16-O-06, 1-19-2016)