A. Permitted Use: Small wireless facilities shall be classified as permitted uses and subject to administrative review, except as provided in subsection C9 of this section regarding height exceptions or variances, but not subject to zoning review or approval if they are collocated: 1) in rights-of-way in any zoning district, or 2) outside rights- of-way in property zoned exclusively for commercial or industrial use.
B. Permit Required: An applicant shall obtain one or more permits from the County to collocate a small wireless facility. An application shall be received and processed, and permits issued shall be subject to the following conditions and requirements:
1. Application Requirements: A wireless provider shall provide the following information to the County, together with the County's application for a construction permit - telecommunications, as a condition of any permit application to collocate small wireless facilities on a utility pole or wireless support structure:
a. Integrity And Analysis: Site specific structural integrity and, for a County utility pole, make-ready analysis prepared by a structural engineer, as that term is defined in section 4 of the Structural Engineering Practice Act of 1989;
b. Location: The location where each proposed small wireless facility or utility pole would be installed and photographs (taken within 6 months) of the location and its immediate surroundings depicting the utility poles or structures on which each proposed small wireless facility would be mounted or location where utility poles or structures would be installed. This should include a depiction of the completed facility;
c. Specifications And Drawings: Specifications and drawings prepared by a structural engineer, as that term is defined in section 4 of the Structural Engineering Practice Act of 1989, for each proposed small wireless facility covered by the application as it is proposed to be installed;
d. Equipment: The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility;
e. Schedule: A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved; and
f. Requirements And Conditions: Certification that the collocation complies with the collocation requirements and conditions contained herein, to the best of the applicant's knowledge.
g. Existing Pole Owned By An Entity: In the event that the proposed small wireless facility is to be attached to an existing pole owned by an entity other than the County, the wireless provider shall provide legally competent evidence of the consent of the owner of such pole to the proposed collocation.
h. Service Connections: Other related improvements including, but not limited to, buried electrical service, and buried fiber optic or cable connections that are needed to service the wireless telecommunication facility and are installed within County rights-of-way beyond the physical pole or structure require additional and separate permits. These types of connections shall be applied for concurrently by the respective utility provider supplying that service or connection.
i. Restoration: Upon completion of the work authorized by permit under this section 4-8-7, all disturbed or damaged areas of the right-of-way shall be restored to their original condition or better. Said restoration shall include, but is not limited to, repairs to shoulders, ditches, parkways, curbs, and pavements and/or any special landscaping, hardscaping, or enhanced areas that existed in the rights-of- way prior to the commencement of the permitted work. The County shall bear no responsibility for costs associated with such restoration.
2. Application Process: The County shall process applications as follows:
a. Priority: The first completed application shall have priority over applications received by different applicants for collocation on the same utility pole or wireless support structure.
b. Existing Utility Pole: An application to collocate a small wireless facility on an existing utility pole or wireless support structure, or replacement of an existing utility pole or wireless support structure shall be processed on a nondiscriminatory basis and shall be deemed approved if the County fails to approve or deny the application within ninety (90) days after the submission of a completed application.
However, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant shall notify the County in writing of its intention to invoke the deemed approved remedy no sooner than seventy five (75) days after the submission of a completed application.
The permit shall be deemed approved on the latter of the 90th day after submission of the complete application or the 10th day after the receipt of the deemed approved notice by the County. The receipt of the deemed approved notice shall not preclude the County's denial of the permit request within the time limits as provided under this subsection.
c. New Utility Pole: An application to collocate a small wireless facility that includes the installation of a new utility pole shall be processed on a nondiscriminatory basis and deemed approved if the County fails to approve or deny the application within one hundred twenty (120) days after the submission of a completed application.
However, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant shall notify the County in writing of its intention to invoke the deemed approved remedy no sooner than one hundred five (105) days after the submission of a completed application.
The permit shall be deemed approved on the latter of the 120th day after submission of the complete application or the 10th day after the receipt of the deemed approved notice by the County. The receipt of the deemed approved notice shall not preclude the County's denial of the permit request within the time limits as provided under this subsection.
d. Denial: The County shall deny an application which does not meet the requirements of this section 4-8-7.
If the County determines that applicable codes, ordinances or regulations that concern public safety, or the collocation requirements and conditions contained herein require that the utility pole or wireless support structure be replaced before the requested collocation, approval shall be conditioned on the replacement of the utility pole or wireless support structure at the cost of the provider.
The County shall document the basis for a denial, including the specific Code provisions or application conditions on which the denial is based, and send the documentation to the applicant on or before the day the County denies an application.
The applicant may cure the deficiencies identified by the County and resubmit the revised application once within thirty (30) days after notice of denial is sent to the applicant without paying an additional application fee. The County shall approve or deny the revised application within thirty (30) days after the applicant resubmits the application or it is deemed approved. Failure to resubmit the revised application within thirty (30) days of denial shall require the applicant to submit a new application with applicable fees, and recommencement of the County's review period.
The applicant must notify the County in writing of its intention to proceed with the permitted activity on a deemed approved basis, which may be submitted with the revised application.
Any review of a revised application shall be limited to the deficiencies cited in the denial. However, this revised application does not apply if the cure requires the review of a new location, new or different structure to be collocated upon, new antennas, or other wireless equipment associated with the small wireless facility.
e. Pole Attachment Agreement: Within thirty (30) days after an approved permit to collocate a small wireless facility on a County utility pole, the County and the applicant shall enter into a Master Pole Attachment Agreement, provided by the County for the initial collocation on a County utility pole by the application. For subsequent approved permits to collocate on a small wireless facility on a County utility pole, the County and the applicant shall enter into a License Supplement of the Master Pole Attachment Agreement.
3. Completeness Of Application: Within thirty (30) days after receiving an application, the County shall determine whether the application is complete and notify the applicant. If an application is incomplete, the County must specifically identify the missing information. An application shall be deemed complete if the County fails to provide notification to the applicant within thirty (30) days after all documents, information and fees specifically enumerated in the County's permit application form are submitted by the applicant to the County.
Processing deadlines are tolled from the time the County sends the notice of incompleteness to the time the applicant provides the missing information.
4. Tolling: The time period for applications may be further tolled by:
a. An express written agreement by both the applicant and the County; or
b. A local, State or Federal disaster declaration or similar emergency that causes the delay.
5. Consolidated Applications: An applicant seeking to collocate small wireless facilities within the jurisdiction of the County shall be allowed, at the applicant's discretion, to file a consolidated application and receive a single permit for the collocation of up to twenty five (25) small wireless facilities if the collocations each involve substantially the same type of small wireless facility and substantially the same type of structure.
If an application includes multiple small wireless facilities, the County may remove small wireless facility collocations from the application and treat separately small wireless facility collocations for which incomplete information has been provided or that do not qualify for consolidated treatment or that are denied. The County may issue separate permits for each collocation that is approved in a consolidated application.
6. Duration Of Permits: The duration of a permit shall be for a period of not less than five (5) years, and the permit shall be renewed for equivalent durations unless the County makes a finding that the small wireless facilities or the new or modified utility pole do not comply with the applicable County Codes or any provision, condition or requirement contained in this section 4-8-7.
If the Act is repealed as provided in section 90 therein, renewals of permits shall be subject to the applicable County Code provisions or regulations in effect at the time of renewal.
7. Means Of Submitting Applications: Applicants shall submit applications, supporting information and notices to the County by personal delivery at the County's designated place of business, by regular mail postmarked on the date due or by any other commonly used means, including electronic mail.
C. Collocation Requirements And Conditions:
1. Public Safety Space Reservation: The County may reserve space on County utility poles for future public safety uses, for the County's electric utility uses, or both, but a reservation of space may not preclude the collocation of a small wireless facility unless the County reasonably determines that the County utility pole cannot accommodate both uses.
2. Installation And Maintenance: The wireless provider shall install, maintain, repair and modify its small wireless facilities in safe condition and good repair and in compliance with the requirements and conditions of this section 4-8-7. The wireless provider shall ensure that its employees, agents or contractors that perform work in connection with its small wireless facilities are adequately trained and skilled in accordance with all applicable industry and governmental standards and regulations. Identification signage shall be affixed onto each wireless telecommunication facility identifying the wireless services provider, contact phone number and unique identifier. Installation of other signs on a wireless telecommunication facility shall be prohibited, unless they are for warning labels or otherwise are required by law or regulations. The wireless telecommunication facility shall be grounded in accordance with the requirements of the most current edition of the National Electrical Code currently in effect. The applicant shall obtain necessary inspections of grounding installations required by local agencies.
3. No Interference With Public Safety Communication Frequencies: The wireless provider's operation of the small wireless facilities shall not interfere with the frequencies used by a public safety agency for public safety communications.
A wireless provider shall install small wireless facilities of the type and frequency that will not cause unacceptable interference with a public safety agency's communications equipment.
4. Frequency Interference: In the event that an interference with the frequencies used by the County's public safety or roadway facility communications is detected, at any time, the wireless services provider is required to, at its own expense, either: a) reconfigure or filter its antenna system's transmissions or frequency; or b) cease transmitting/receiving from said unit; or c) remove the entirety of the installation immediately upon notification of said interference. In the event a relocation is required, the wireless services provider will be required to apply for a new wireless telecommunication facilities permit under the terms of this section 4-8-7. The wireless provider shall not collocate small wireless facilities on County utility poles that are part of an electric distribution or transmission system within the communication worker safety zone of the pole or the electric supply zone of the pole.
However, the antenna and support equipment of the small wireless facility may be located in the communications space on the County utility pole and on the top of the pole, if not otherwise unavailable, if the wireless provider complies with applicable codes for work involving the top of the pole.
For purposes of this subsection, the terms "communications space", "communication worker safety zone", and "electric supply zone" have the meanings given to those terms in the National Electric Safety Code as published by the Institute of Electrical and Electronics Engineers.
5. Public Safety: The wireless provider shall comply with all applicable codes and local code provisions or regulations that concern public safety. The wireless telecommunication facility shall include an electrical service disconnect switch to allow County personnel and agents to shut off power in the event of an incident or other abnormal conditions. The switch shall be located a minimum of ten feet (10') from the wireless telecommunication facility and accessible to County and emergency response personnel without restriction.
6. Design Standards: The wireless provider shall comply with written design standards that are generally applicable for decorative utility poles, or reasonable stealth, concealment and aesthetic requirements that are set forth in a County ordinance, written policy adopted by the County, a comprehensive plan or other written design plan that applies to other occupiers of the rights-of-way, including on a historic landmark or in a historic district. In the event that a wireless telecommunication facility is proposed to be installed at grade, landscape screening shall be installed to minimize the visibility of the wireless telecommunication facility, at the discretion of the County. No guy or other support wires shall be used in connection with a wireless telecommunication facility unless the facility is proposed to be attached to an existing structure that incorporated guy wires prior to the date that an applicant has applied for a permit.
7. Alternate Placements: Except as provided in this collocation requirements and conditions subsection, a wireless provider shall not be required to collocate small wireless facilities on any specific utility pole, or category of utility poles, or be required to collocate multiple antenna systems on a single utility pole. However, with respect to an application for the collocation of a small wireless facility associated with a new utility pole, the County may propose that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within one hundred feet (100') of the proposed collocation, which the applicant shall accept if it has the right to use the alternate structure on reasonable terms and conditions, and the alternate location and structure does not impose technical limits or additional material costs as determined by the applicant.
If the applicant refuses a collocation proposed by the County, the applicant shall provide written certification describing the property rights, technical limits or material cost reasons the alternate location does not satisfy the criteria in this paragraph.
8. Height Limitations: The maximum height of a small wireless facility shall be no more than ten feet (10') above the utility pole or wireless support structure on which the small wireless facility is collocated.
New or replacement utility poles or wireless support structures on which small wireless facilities are 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 on the date the application is submitted to the County, 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 jurisdictional boundary of the County, provided the County may designate which intersecting right-of-way within three hundred feet (300') of the proposed utility pole or wireless support structures shall control the height limitation for such facility; or
b. Forty five feet (45') above ground level.
9. Height Exceptions Or Variances: If an applicant proposes a height for a new or replacement pole in excess of the above height limitations on which the small wireless facility is proposed for collocation, the applicant shall apply for a variance or administrative variance in conformance with procedures, terms and conditions set forth in the zoning ordinance of Jo Daviess County.
10. Contractual Design Requirements: The wireless provider shall comply with requirements that are imposed by a contract between the County and a private property owner that concern design or construction standards applicable to utility poles and ground-mounted equipment located in the right-of-way.
11. Ground-Mounted Equipment Spacing: The wireless provider shall comply with applicable spacing requirements in applicable codes and ordinances concerning the location of ground-mounted equipment located in the right-of-way if the requirements include a waiver, zoning or other process that addresses wireless provider requests for exception or variance and do not prohibit granting of such exceptions or variances.
a. The base of the equipment, antenna or appurtenances of a wireless telecommunication facility collocated on a structure shall be located no lower than ten feet (10') above grade and at a location and height that meets the requirements of the American Disabilities Act (ADA) and the clearances set forth in the Public Rights-of-Way Accessibility Guidelines (PROWAG) or the subsequent regulations on accessibility in public rights-of-way. Collocation on County-owned infrastructure shall also not interfere with or obscure existing traffic control devices including signal heads and signage. For traffic signals or street lights, no elements of a wireless telecommunication facility shall be mounted onto the signal mast arm or lighting luminaire arm.
12. Undergrounding Regulations: The wireless provider shall comply with local code provisions or regulations concerning undergrounding requirements that prohibit the installation of new or the modification of existing utility poles in a right- of-way without prior approval if the requirements include a waiver, zoning or other process that addresses requests to install such new utility poles or modify such existing utility poles and do not prohibit the replacement of utility poles. Additionally, wires and cables connecting the antenna to the remainder of the facility shall be installed in accordance with the version of the National Electric Code and National Electrical Safety Code in effect at the time of application. 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. The applicant shall be required to provide written sign-off by each owner/operator that a proposed collocation will not adversely impact their existing facilities. Said sign-offs must be provided at the time of application submittal. The applicant shall obtain necessary inspections of power service cabling required by local agencies.
13. Collocation Completion Deadline: Collocation for which a permit is granted shall be completed within one hundred eighty (180) days after issuance of the permit, unless the County and the wireless provider agree to extend this period or a delay is caused by make-ready work for a County utility pole or by the lack of commercial power or backhaul availability at the site, provided the wireless provider has made a timely request within sixty (60) days after the issuance of the permit for commercial power or backhaul services, and the additional time to complete installation does not exceed three hundred sixty (360) days after issuance of the permit. Otherwise, the permit shall be void unless the County grants an extension in writing to the applicant.
D. Application Fees: Application fees are imposed as follows:
1. Applicant shall pay an application fee of six hundred fifty dollars ($650.00) for an application to collocate a single small wireless facility on an existing utility pole or wireless support structure, and three hundred fifty dollars ($350.00) for each small wireless facility addressed in a consolidated application to collocate more than one small wireless facility on existing utility poles or wireless support structures.
2. Applicant shall pay an application fee of one thousand dollars ($1,000.00) for each small wireless facility addressed in an application that includes the installation of a new utility pole for such collocation.
3. Notwithstanding any contrary provision of State law or local ordinance, applications pursuant to this section shall be accompanied by the required application fee. Application fees shall be non-refundable.
4. The County shall not require an application, approval or permit, or require any fees or other charges, from a communications service provider authorized to occupy the rights-of-way, for:
a. Routine maintenance;
b. The replacement of wireless facilities with wireless facilities that are substantially similar, the same size, or smaller if the wireless provider notifies the County at least ten (10) days prior to the planned replacement and includes equipment specifications for the replacement of equipment consistent with subsection B1d of this section; or
c. The installation, placement, maintenance, operation or replacement of micro wireless facilities suspended on cables that are strung between existing utility poles in compliance with applicable Safety Codes.
5. Wireless providers shall secure a permit from the County to work within rights-of-way for activities that affect traffic patterns or require lane closures.
E. Exceptions To Applicability: Nothing in this section 4-8-7 authorizes a person to collocate small wireless facilities on:
1. Property owned by a private party or property owned or controlled by the County or another unit of local government that is not located within rights-of-way, or a privately owned utility pole or wireless support structure without the consent of the property owner;
2. Property owned, leased, or controlled by a park district, forest preserve district, or conservation district for public park, recreation or conservation purposes without the consent of the affected district, excluding the placement of facilities on rights-of-way located in an affected district that are under the jurisdiction and control of a different unit of local government as provided by the Illinois Highway Code; or
3. Property owned by a rail carrier registered under section 18c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or any other public commuter rail service, or an electric utility as defined in section 16-102 of the Public Utilities Act, without the consent of the rail carrier, public commuter rail service, or electric utility. The provisions of this section 4-8-7 do not apply to an electric or gas public utility or such utility's wireless facilities if the facilities are being used, developed and maintained consistent with the provisions of subsection (i) of section 16-108.5 of the Public Utilities Act.
For the purposes of this subsection, "public utility" has the meaning given to that term in section 3-105 of the Public Utilities Act. Nothing in this section 4-8-7 shall be construed to relieve any person from any requirement: a) to obtain a franchise or a State-issued authorization to offer cable service or video service or b) to obtain any required permission to install, place, maintain, or operate communications facilities, other than small wireless facilities subject to this section 4-8-7.
F. Pre-Existing Agreements: Existing agreements between the County and wireless providers that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on County utility poles, that are in effect on June 1, 2018, remain in effect for all small wireless facilities collocated on the County's utility poles pursuant to applications submitted to the County before June 1, 2018, subject to applicable termination provisions contained therein. Agreements entered into after June 1, 2018, shall comply with this section 4-8-7.
A wireless provider that has an existing agreement with the County on the effective date of the Act may accept the rates, fees and terms that the County makes available under this section for the collocation of small wireless facilities or the installation of new utility poles for the collocation of small wireless facilities that are the subject of an application submitted two (2) or more years after the effective date of the Act by notifying the County that it opts to accept such rates, fees and terms. The existing agreement remains in effect, subject to applicable termination provisions, for the small wireless facilities the wireless provider has collocated on the County's utility poles pursuant to applications submitted to the County before the wireless provider provides such notice and exercises its option under this paragraph.
G. Annual Recurring Rate: A wireless provider shall pay to the County an annual recurring rate to collocate a small wireless facility on a County utility pole located in a right-of-way that equals: 1) two hundred dollars ($200.00) per year or 2) the actual, direct and reasonable costs related to the wireless provider's use of space on the County utility pole.
If the County has not billed the wireless provider actual and direct costs, the fee shall be two hundred dollars ($200.00) payable on the first day after the first annual anniversary of the issuance of the permit or notice of intent to collocate, and on each annual anniversary date thereafter.
H. Abandonment: A small wireless facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned. The owner of the facility shall remove the small wireless facility within ninety (90) days after receipt of written notice from the County notifying the wireless provider of the abandonment.
The notice shall be sent by certified or registered mail, return receipt requested, by the County to the owner at the last known address of the wireless provider. If the small wireless facility is not removed within ninety (90) days of such notice, the County may remove or cause the removal of such facility pursuant to the terms of its pole attachment agreement for County utility poles or through whatever actions are provided for abatement of nuisances or by other law for removal and cost recovery.
A wireless provider shall provide written notice to the County if it sells or transfers small wireless facilities within the jurisdiction of the County. Such notice shall include the name and contact information of the new wireless provider. (Ord. 2018-09, 10-9-2018, eff. 10-9-2018)