§ 98.142  REGULATION OF SMALL WIRELESS FACILITIES.
   (A)   Use. Covered facilities shall be deemed permitted uses subject to administrative review (except as otherwise provided with respect to variances and appeals) and not subject to zoning review or approval. Any small wireless facilities other than a covered facility shall be subject to the zoning regulations set forth in Chapter 159, the regulations regarding construction of facilities in rights-of-way set forth in this Chapter 98, and all other applicable city ordinances and other local, state, and federal laws.
   (B)   Permit required. No person shall install or cause to be installed, a covered facility within the city without first obtaining a city small wireless facility permit. Permits and applications for permits shall be subject to the following standards, procedures, and requirements:
      (1)   Requirements and conditions.
         (a)   Height limitations.
            1.   No portion of a covered facility shall extend more than ten feet above the utility pole or wireless support structure to which it is attached.
            2.   Any new utility pole or wireless support structure within a right-of-way shall not exceed the higher of:
               a.   Ten feet in height above the tallest utility pole in existence as of June 1, 2018 (other than a utility pole supporting only wireless facilities) that is located within 300 feet 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 city, provided the city may designate which intersecting right-of-way within 300 feet of the proposed utility pole or wireless support structures shall control the height limitation for such facility; or
               b.   Forty- five feet above ground level.
            3.   Any new utility pole or wireless support structure located on a property outside the right-of-way shall not exceed 45 feet in height.
         (b)   Space reservation. The city may reserve space on city utility poles for future public safety uses and city utility uses. No permit shall be issued for such poles unless the city determines, in its reasonable discretion that the pole can accommodate both the proposed covered facility and the city or public safety uses for which space is used or reserved.
         (c)   No public safety interference.
            1.   A wireless provider's operation of covered facilities shall not interfere with the frequencies used by a public safety agency for public safety communications. 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.
            2.   If a small wireless facility causes such interference, and the wireless provider has been given written notice of the interference by the public safety agency, the wireless provider, at its own expense, shall remedy the interference in a manner consistent with the abatement and resolution procedures for interference with public safety spectrum established by the FCC including 47 C.F.R. Parts 22.970 through 22.973 and 47 C.F.R. Parts 90.672 through 90.675.
            3.   The city may terminate a permit for a small wireless facility based on such interference if the wireless provider is not in compliance with the Code of Federal Regulations cited in the previous division. Failure to remedy the interference as required herein shall constitute a public nuisance.
         (d)   Contract requirements. The wireless provider shall comply with requirements that are imposed by any contract between the city 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.
         (e)   Spacing. No new utility pole, wireless support structure, or ground-mounted equipment associated with one or more covered facilities located in the public right-of-way may be installed within 600 feet of another utility pole, wireless support structure, or ground-mounted equipment.
         (f)   Undergrounding. No new utility poles or wireless support structures may be installed in a right-of-way in violation of any undergrounding requirements established by city ordinance.
         (g)   Construction and public safety standards. For installation of covered facilities in rights-of-way, the wireless provider shall comply with all applicable city ordinances establishing construction, location, and public safety standards for work within the right-of-way, including, but not limited to Chapter 98. For covered facility installations on private commercial or industrial property, the wireless provider shall comply with all applicable city ordinances establishing construction and safety standards for building improvements, including, but not limited to, Chapter 150.
         (h)   Signs. No signs (as defined in this code) may be erected on any covered facility or utility pole except for signs required by law, ordinance, or regulation. The content and size of any such sign shall not exceed the requirements of the law, ordinance, or regulation pursuant to which such sign is erected.
         (i)   Electric transmission poles.
            1.   The wireless provider shall not collocate small wireless facilities on city 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. Small wireless facility antennae and support equipment may be located only in the communications space on the city utility pole and on the top of the pole to the extent that such space is available and subject to compliance with all applicable laws.
            2.   For purposes of this division (i), 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.
         (j)   Public safety. The wireless provider shall comply with all applicable federal, state, and local codes and other laws that concern public safety.
         (k)   Design standards. The wireless provider shall comply with the following design standards:
            1.   No covered facility shall be installed or maintained on a wireless support structure or utility pole at a height less than 15 feet above the adjacent grade.
            2.   The  orientation of covered facilities shall be consistent with the orientation of existing utility equipment installed on the same utility pole and other utility poles in the nearby area. Such covered facilities shall be painted, textured, and designed in a manner consistent with the utility pole's style, color, texture and materials and otherwise camouflaged and designed to blend in with the existing utility pole such that the attached covered facility is no more readily apparent or plainly visible (as reasonably determined by the City's Director of Community Development) than the existing utility equipment located on the utility pole. Further, if the utility pole is visible (at ground level) from and within 50 feet of any residential structure, covered facilities shall be concealed or screened by means of canisters, radomes, shrouds or other similar concealment enclosures, which shall be flush-mounted to the utility pole and painted, textured, and designed in a manner consistent with the utility pole's style, color, texture and materials and otherwise camouflaged and designed to blend in with the existing utility pole.
            3.   Cables and other wiring serving a covered facility located on a wireless support structure or utility pole shall be enclosed in conduit flush mounted to the support structure or utility pole. Conduit shall be finished to match the materials, texture, and color of the subject support structure or utility pole.
            4.    Ground-based enclosures for equipment to be utilized in connection with covered facilities shall be located no closer than five feet from the edge of any pavement on a street with curbing, and no closer than ten feet from the edge of any pavement on a street without curbing. In no event shall such ground-based enclosures be located within a drainage ditch, swale, or overland flow route. Additionally, a ground-based enclosure shall not be located closer than three feet from a constructed pedestrian walk.
            5.   No covered facility shall be located on a wireless support structure or utility pole in a manner that interferes with the operation or functionality of such utility pole or pre-existing uses of such support structure or utility pole. For any utility pole providing lighting, the installation of the covered facility cannot impair the distribution of light from such pole.
         (l)   Historic districts and landmarks.
            1.   Except for facilities excluded from evaluation for effects on historic properties under 47 C.F.R. Part 1.1307(a)(4), covered facilities in a historic district or on historic landmark shall comply with all applicable design and concealment requirements established for such historic district or historic landmark.
            2.   Such design and concealment measures shall not be considered a part of the covered facility for purposes of the size restrictions of a small wireless facility. This division may not be construed to limit the city's enforcement of historic preservation in conformance with the requirements adopted pursuant to the Illinois State Agency Historic Resources Preservation Act or the National Historic Preservation Act of 1966, 54 U.S.C. §§ 300101 et seq., and the regulations adopted to implement those laws.
      (2)   Application. An application for a permit must be submitted in the form designated by the City Manager (or the Manager's designee) and shall include the following information:
         (a)   Site specific structural integrity analysis and, for a city utility pole, a 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)   The location where each proposed small wireless facility or utility pole would be installed and photographs of the location and its immediate surroundings depicting the utility poles or structures on which each proposed small wireless facility would be mounted, the location where any new utility poles or structures would be installed, and a rendering of the proposed small wireless facility and/or utility pole in the proposed location;
         (c)   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)   The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility;
         (e)   A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved;
         (f)   Evidence of the applicant's right to utilize the structure on which the small wireless facilities are to be collocated;
         (g)   All applicable fees and rates related to such application; and
         (h)   Certification that the collocation complies with all requirements of this chapter.
      (3)   Completeness of application. Within 30 days after receiving an application, the city shall determine whether the application is complete and notify the applicant. If an application is incomplete, the city's notice to the applicant shall identify the missing information. Processing deadlines shall be tolled from the time the city sends the notice of incompleteness to the time the applicant provides the missing information.
      (4)   Application process. The city shall process applications as follows.
         (a)   Applications for collocation of covered facilities on existing utility poles or structures. An application to collocate a covered facility on an existing utility pole or wireless support structure shall be processed within 90 days after the delivery of a completed application. No such application shall be deemed approved unless the applicant has provided notice of intent to proceed on a "deemed approved" basis in accordance with state law.
         (b)   Applications for collocation of covered facilities on new utility poles or structures. An application to collocate a covered facility that includes the installation of a new utility pole shall be processed within 120 days after the delivery of a completed application. No such application shall be deemed approved unless the applicant has provided notice of intent to proceed on a "deemed approved" basis in accordance with state law.
         (c)   Review and approval or denial; alternate placements.
            1.   The city shall approve a permit application if the application meets all requirements of this subchapter and all other applicable local, state, and federal laws; provided, however, that the city may impose reasonable conditions (which conditions shall be final unless the applicant appeals pursuant to § 98.146); provided further that with respect to an application for the collocation of a covered facility on a new utility pole, the city may propose that the covered facility be collocated on an existing utility pole or existing wireless support structure within 100 feet of the location proposed by the applicant.
            2.   The applicant shall accept such alternate location 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. If the applicant does not accept the alternate location, then it shall provide to the city a written certification describing the property rights, technical limits, or material cost or other reasons why the alternate location does not satisfy the criteria in this division. If an applicant proposes to collocate a covered facility on an existing utility pole or wireless support structure, and the city determines that such utility pole or wireless support structure must be replaced to accommodate the proposed collocation, then approval may be conditioned on replacement of such utility pole or wireless support structure at the applicant's cost.
            3.   If a permit application is denied, then the city shall provide the applicant with notice that specifies the basis for the denial, including the specific code provisions or application conditions on which the denial was based, and send such notice to the applicant on or before the day the city denies the application; provided, however, that an applicant shall have the right to appeal any denial pursuant to § 98.146.
            4.   The applicant may cure the deficiencies identified by the city and resubmit the revised application once within 30 days after notice of denial is sent to the applicant without paying an additional application fee, if the cure does not require 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. The city shall approve or deny the revised application within 30 days after the applicant resubmits the application in accordance with the provisions of this (B)(4)(c). No such application shall be deemed approved unless the applicant has provided notice of intent to proceed on a "deemed approved" basis in accordance with state law.
      (5)   Tolling. The time period for applications may be further tolled by:
         (a)   The express agreement in writing by both the applicant and the city; or
         (b)   A local, state, or federal disaster declaration or similar emergency that causes the delay.
      (6)   Consolidated applications.
         (a)   An applicant seeking to collocate multiple covered facilities within the city's jurisdiction may file a consolidated application and receive a single permit for the collocation of up to 25 small wireless facilities if the collocations each involve substantially the same type of small wireless facility and substantially the same type of structure.
         (b)   The city may remove covered 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 city may issue separate permits for each collocation that is approved in a consolidated application.
         (c)   Consolidated applications shall be reviewed in accordance with division (B)(4).
      (7)   Collocation completion deadline. Collocation for which a permit is granted shall be completed within 180 days after issuance of the permit, unless the city and the wireless provider agree to extend this period or a delay is caused by make-ready work for a city 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 60 days after the issuance of the permit for commercial power or backhaul services, and the additional time to complete installation does not exceed 360 days after issuance of the permit. Otherwise, the permit shall be void unless the city grants an extension in writing to the applicant.
      (8)   Duration of permits.
         (a)   The duration of a permit shall be for a period of five years, and the permit may be renewed for equivalent durations unless the city makes a finding that the covered facilities or the new or modified utility pole do not comply with the applicable codes or local code provisions or regulations in this chapter.
         (b)   If PA 100-0585 is repealed as provided in Section 90 of the Act, renewals of permits shall be subject to the applicable City Code provisions or regulations in effect at the time of renewal.
      (9)   Means of submitting applications. Applicants shall be deemed to have submitted applications if presented on city-designated forms, along with all necessary and appropriate supporting information, by personal delivery or five days after postmarked if sent by regular mail, all addressed to the Municipal Services Facility, 800 Field Drive, Lake Forest, IL. All other notices may be sent by personal delivery or postmarked on the date due, or by any other commonly used means, including electronic mail, as required or permitted by the city.
   (C)   Application fees. Fees as adopted annually by the City Council as part of the fee schedule shall apply to all permit applications, and no permit application shall be deemed complete unless it is accompanied by the applicable fee:
      (1)   Applicant shall pay the established fee for an application to collocate a single covered facility on an existing utility pole or wireless support structure and the established fee for each small wireless facility addressed in a consolidated application to collocate more than one covered facility on existing utility poles or wireless support structures.
      (2)   Applicant shall pay the established fee for each covered facility addressed in an application that includes the installation of a new utility pole or wireless support structure.
   (D)   Exceptions; limitations; additional provisions.
      (1)   (a)   The city 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:
            1.   Routine maintenance;
            2.   The replacement of covered facilities with covered facilities that are substantially similar, the same size, or smaller if the wireless provider notifies the city at least ten days prior to the planned replacement and includes equipment specifications for the replacement of equipment consistent with the requirements of division (B)(2)(d); or
            3.   The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables that are strung between existing utility poles in compliance with applicable safety codes.
         (b)   However, the city may require a permit to work within rights-of-way for activities that affect traffic patterns or require lane closures.
      (2)   (a)   Nothing in this subchapter authorizes a person to collocate small wireless facilities on:
            1.   Property owned by a private party or property owned or controlled by the city 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 forest preserve district, or conservation district for public park, recreation, or conservation purposes without the consent of the affected district or facilities on rights-of-way 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 subchapter 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.
         (b)   For the purposes of this division, PUBLIC UTILITY has the meaning given to that term in Section 3-105 of the Public Utilities Act. Nothing in this subchapter shall be construed to relieve any person from any requirement to obtain a franchise or a state-issued authorization to offer cable service or video service or to obtain any required permission to install, place, maintain, or operate communications facilities, other than small wireless facilities subject to this subchapter.
      (3)   Existing agreements grandfathered for existing locations. Agreements between the city 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 city utility poles, that are in effect on June 1, 2018, shall remain in effect for small wireless facilities collocated on city utility poles pursuant to applications submitted to the city before June 1, 2018, subject to applicable termination provisions.
      (4)   Annual recurring rate.
         (a)   Provided that an application for a covered facility is accompanied by a supplemental application as designated by the City Manager for collocating such covered facilities on a city utility pole, a wireless provider shall pay an annual recurring rate to collocate a covered facility on a city utility pole located in a right-of-way equal to a minimum annual fee as established in the fee schedule adopted by the City Council or the actual, direct, and reasonable costs related to the wireless provider's use of space on the city utility pole.
         (b)   Rates for collocation on city utility poles or wireless support structures located outside of a right-of-way are not subject to these limitations.
      (5)   Aerial facilities. For city utility poles that support aerial facilities used to provide communications services or electric service, wireless providers shall comply with the process for make-ready work under 47 U.S.C. § 224 and its implementing regulations.
      (6)   Abandonment. A small wireless facility that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of the facility must remove the small wireless facility within 90 days after receipt of written notice from the city notifying the owner of the abandonment. The notice shall be sent by certified or registered mail, return receipt requested, by the city to the owner at the last known address of the owner. If the small wireless facility is not removed within 90 days of such notice, the city may remove or cause the removal of such facility pursuant to the terms of any pole attachment agreement for city utility poles or through whatever actions are provided for abatement of nuisances or by other law for removal and cost recovery.
      (7)   Sale or transfer. A wireless provider shall provide written notice to the city if it sells or transfers small wireless facilities within the jurisdictional boundary of the city. Such notice shall include the name and contact information of the new wireless provider.
(Ord. 2018-33, passed 7-16-2018)