Personal wireless telecommunication facilities will be permitted to be placed in right-of-way within the jurisdiction of the city as attachments to existing utility poles, alternative antenna structures, or city-owned infrastructure subject to the following regulations:
(A) Number limitation and co-location. The Mayor or his or her designee may regulate the number of personal wireless telecommunications facilities allowed on each utility pole or unit of city-owned infrastructure. No more than 2 personal wireless telecommunications facilities will be permitted on utility poles or alternative antenna structure of 90 feet or less. No more than 3 personal wireless telecommunications facilities will be permitted on utility poles or alternative antenna structures in excess of 90 feet and less than 120 feet. This subchapter does not preclude or prohibit co-location of personal wireless telecommunication facilities on towers or monopoles that meet the requirements as set forth elsewhere in this section or as required by federal law. Additionally, no personal wireless telecommunications facilities will be permitted on utility poles or alternative antennae structures in excess of 50 feet, without first having obtained a special use permit pursuant to procedures set forth within the zoning provisions of this chapter.
(B) Separation and clearance requirements. Personal wireless telecommunication facilities may be attached to a utility pole, alternative antenna structure, monopole, or city-owned infrastructure only where such pole, structure or infrastructure is located no closer than a distance equal to 100% of the height of such facility to any residential building and no closer than 300 feet from any other personal wireless telecommunication facility. A separation or lesser clearance may be allowed by the Mayor or his or her designee as an administrative variance to this subchapter when the applicant establishes that the lesser separation or clearance is necessary to close a significant coverage or capacity 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 within the right-of-way.
(C) City-owned infrastructure. Personal wireless telecommunication facilities can only be mounted to city-owned infrastructure including, but not limited to, streetlights, traffic signal, towers or buildings, if authorized by a license or other agreement between the owner and the city.
(D) New towers. No new monopole or other tower to support personal wireless telecommunication facilities in excess of 60 feet is permitted to be installed on right-of-way within the jurisdiction of the city unless the City Council finds, based on clear and convincing evidence provided by the applicant, that locating the personal wireless telecommunications facilities on the right-of-way is necessary to close a significant coverage or capacity gap in the applicant’s services or to otherwise provide adequate services to customers, and the proposed new monopole or other tower within the right-of-way is the least intrusive means to do so.
(E) Attachment limitations. No personal wireless telecommunication antenna or facility within the right-of-way will be attached to a utility pole, alternative antenna structure, tower, or city-owned infrastructure unless all of the following conditions are satisfied:
(1) Surface area of antenna. The personal wireless telecommunication antenna, including antenna panels, whip antennas or dish-shaped antennas, cannot have a surface area of more than 7 square feet.
(2) Size of above-ground personal wireless telecommunication facility. The total combined volume of all above-ground equipment and appurtenances comprising a personal wireless telecommunication facility, exclusive of the antenna itself, cannot exceed 32 cubic feet.
(3) Personal wireless telecommunication equipment. The operator of a personal wireless telecommunication facility must, whenever possible, locate the base of the equipment or appurtenances at a height of no lower than 10 feet above grade.
(4) 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 must be installed to minimize the visibility of the facility. Screening must be installed at least 3 feet from the equipment installed at-grade and 8 feet from a roadway, which as to site distance from a roadway shall also require the approval of the City Engineer and/or Superintendent of Public Works.
(5) Height. The top of the highest point of the antenna cannot extend more than 7 feet above the highest point of the utility pole, alternative antenna support structure, tower or city-owned infrastructure. If necessary, the replacement or new utility pole, alternative support structure or city-owned infrastructure located within the public right-of-way may be no more than 20 feet higher than existing poles adjacent to the replacement or new pole or structure, or no more than 90 feet in height overall, whichever is less, with it further being provided that no such pole shall be in excess of 50 feet without first having obtained a special use permit pursuant to the procedures set forth within the zoning provisions of this chapter.
(6) Color. A personal wireless tele-communication facility, including all related equipment and appurtenances, must be a color that blends 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. Any wiring must be covered with an appropriate cover.
(7) Antenna panel covering. A personal wireless telecommunication antenna may include a radome, cap or other antenna panel covering or shield, to the extent such covering would not result in a larger or more noticeable facility and, if proposed, such covering must be of a color that blends with the color of the pole, structure, tower or infrastructure on which it is mounted.
(8) Wiring and cabling. Wires and cables connecting the antenna to the remainder of the facility must be installed in accordance with the electrical code currently in effect. 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.
(9) Grounding. The personal wireless telecommunication facility must be grounded in accordance with the requirements of the electrical code currently in effect in the city.
(10) Guy wires. No guy or other support wires will be used in connection with a personal wireless telecommunication facility unless the facility is to be attached to an existing utility pole, alternative antenna support structure, tower or city-owned infrastructure that incorporated guy wires prior to the date that an applicant has applied for a permit.
(11) Pole extensions. Extensions to utility poles, alternative support structures, towers and city-owned infrastructure utilized for the purpose of connecting a personal wireless telecommunications antenna and its related personal wireless telecommunications equipment must 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 applicable structural integrity standards as set forth in division (A)(12) below. An extension must be securely bound to the utility pole, alternative antenna structure, tower or city-owned infrastructure in accordance with applicable engineering standards for the design and attachment of such extensions. Additionally, no such extension shall be allowed without first having obtained a special use permit pursuant to procedures set forth within the zoning provisions of this chapter.
(12) Structural integrity. The personal wireless telecommunication facility, including the antenna, pole extension and all related equipment must be designed to withstand a wind force and ice loads in accordance with applicable standards established in Chapter 25 of the National Electric Safety Code for utility poles, Rule 250-B and 250-C standards governing wind, ice, and loading forces on utility poles, in the American National Standards Institute (ANSI) in TIA/EIA Section 222-G established by the Telecommunications Industry Association (TIA) and the Electronics Industry Association (EIA) for steel wireless support structures and the applicable industry standard for other existing structures. For any facility attached to city-owned infrastructure or, in the discretion of the city, for a utility pole, tower, or alternative antenna structure, the operator of the facility must 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 must be prepared by a professional structural engineer licensed in the State of Illinois.
(F) 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.
(G) Screening. If screening is required under division (E)(4) above, it must be natural landscaping material or a fence subject to the approval of the city and must comply with all regulations of the city. Appropriate landscaping must be located and maintained and must provide the maximum achievable screening, as determined by the city, from view of adjoining properties and public or private streets. Notwithstanding the foregoing, no such screening is required to extend more than 9 feet in height. Landscape screening when permitted in the right-of-way must be provided with a clearance of three feet in all directions from the facility. The color of housing for ground-mounted equipment must blend with the surroundings. For a covered structure, the maximum reasonably achievable screening must be provided between such facility and the view from adjoining properties and public or private streets. In lieu of the operator installing the screening, the city, at its sole discretion, may accept a fee from the operator of the facility for the acquisition, installation, or maintenance of landscaping material by the city.
(H) Permission to use utility pole or alterative antenna structure. The operator of a personal wireless telecommunication facility must submit to the city written copies of the approval from the owner of a utility pole, monopole, or an alternative antenna structure, to mount the personal wireless telecommunication facility on that specific pole, tower, or structure, prior to issuance of the city permit.
(I) Licenses and permits. The operator of a personal wireless telecommunication facility must verify to the city that it has received all concurrent licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of said facility have been obtained and will be maintained within the corporate limits of the city.
(J) Variance requirements. Each location of a personal wireless telecommunication facility within a right-of-way must meet all of the requirements of this subchapter, unless either a variance from this subchapter and/or a special use permit has been obtained in accordance with provisions and procedures of the zoning provisions of this chapter.
(K) 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 12 months, shall be considered abandoned and the owner of the facility must remove same within 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 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.
(Ord. 2717, passed 1-29-2018)