Wireless telecommunication facilities: 1) shall be permitted to be placed in rights-of-ways as attachments directly to existing or new utility poles, alternative antenna structures, new or replacement utility poles, or County-owned infrastructure, however not including signage or their support elements, subject to the regulations and standards set forth herein; 2) shall be permitted to be placed outside of rights-of-ways as attachments directly to existing County-owned utility poles pursuant to a separate agreement between the wireless telecommunication facility and the County and shall be subject to the regulations and standards set forth herein.
A. Height Requirements. The maximum height of a wireless telecommunication facility attached to a utility pole, alternative antenna structure, or County-owned infrastructure is limited to ten (10) feet above the utility pole, wireless support structure, or County-owned infrastructure on which the wireless telecommunication facility is collocated. The height of a new or replacement utility pole or wireless support structure on which wireless telecommunication facilities are collocated shall be limited to the higher of: (i) ten (10) feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless telecommunication facilities, that is in place on the date the application is submitted to the County, that is located within five-hundred (500) feet of the new or replacement utility pole or wireless support structure and, that is in the same rights-of-ways within the jurisdictional boundary of the County; or (ii) forty-five (45) feet above ground level.
B. New Utility Pole(s). With respect to an application for the collocation of a wireless telecommunication facility associated with a new utility pole, the County may propose that the wireless telecommunication facility be collocated on an existing utility pole or existing wireless support structure within fifty (50) feet 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.
C. New Towers. No new monopole or other tower to support wireless telecommunication facilities shall be installed within County rights-of- ways unless the County Engineer finds, based on clear and convincing evidence provided by the applicant, that locating the wireless telecommunication facilities in the rights-of-ways is necessary to close a significant gap in the applicant’s services or to otherwise provide adequate services to customers, and that the proposed wireless telecommunication facility is the least intrusive means to do so.
D. Permit Submittal. Prior to installation, a wireless provider must obtain a permit from the County to collocate a wireless telecommunication facility on County-owned infrastructure or in the County Highway rights-of- ways. The following shall be required as part of the application: (i) site specific structural integrity and make-ready analysis prepared by a professional structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989; (ii) an exhibit or drawing showing the location where each proposed wireless telecommunication facility would be installed; (iii) photographs of the location and its immediate surroundings depicting the utility poles or alternative antenna structures on which each proposed wireless telecommunication facility would be mounted; (iv) 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 wireless telecommunication facility covered by the application as it is proposed to be installed; (v) a proposed schedule for the installation and completion of each wireless telecommunication facility covered by the application, if approved; and (vi) certification that the collocation complies to the best of the applicant’s knowledge with the frequency interference requirements established in this Ordinance. Said application shall be submitted to the McHenry County Division of Transportation, 16111 Nelson Road, Woodstock, IL 60098 or electronically.
E. Attachment Limitations. No wireless telecommunication antenna or facility shall be attached to a utility pole, alternative antenna structure, or County-owned infrastructure unless all of the following conditions are satisfied:
1. Antenna Size. The wireless telecommunication antenna, including antenna panels, whip antennas or dish-shaped antennas, shall be located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet. Applicant shall provide written proof by way of design drawings and details at time of application submittal that show the volume limitation has been met.
2. Equipment Volume of Above-Ground Wireless Telecommunication Facility. The total combined volume of all above- ground equipment and appurtenances comprising a wireless telecommunication facility, exclusive of the antenna itself, shall not cumulatively exceed twenty-eight (28) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunication demarcation box, groundbased enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services. Applicant shall provide written proof by way of design drawings and details at time of application submittal that show the volume limitation has been met.
3. Wireless Telecommunication Equipment. The base of the wireless telecommunication equipment, antenna or appurtenances of a wireless telecommunication facility shall be located at a height no lower than ten (10) feet above grade and at a location and height that meets the requirements of the American Disabilities Act (ADA).
4. Wiring and Cabling. Wires and cables connecting the antenna to the remainder of the wireless telecommunication facility shall be installed in accordance with the edition adopted by the County of the National Electric Code and National Electrical Safety Code. In no event shall wiring and cabling serving the wireless telecommunication facility interfere with any wiring or cabling installed by a cable television or video service operator, electric utility or telephone utility.
5. Grounding. The wireless telecommunication facility shall be grounded in accordance with the requirements of the edition adopted by the County of the National Electrical Code.
6. Guy Wires. No guy or other support wires shall be used in connection with a wireless telecommunication facility, unless the wireless telecommunication facility is proposed to be attached to an existing utility pole, alternative antenna structure, or County-owned infrastructure that incorporated guy wires prior to the date that an applicant has applied for a permit.
7. Pole Extensions. Extensions to utility poles, alternative antenna structures and County-owned infrastructure utilized for the purpose of connecting a wireless telecommunication antenna and its related wireless telecommunication 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 as set forth in § 10.16.030E.8. of this Ordinance. An extension shall be securely bound to the support pole, alternative antenna structure or County-owned infrastructure in accordance with applicable engineering standards for the design and attachment of such extensions.
8. Structural Integrity. The wireless telecommunication facility, including the wireless telecommunication antenna, pole extension and all related wireless telecommunication equipment shall be designed to withstand wind forces and ice loads in accordance with applicable standards established in Chapter 25 of the National Electric Safety Code for utility poles, in the American National Standards Institute (ANSI), in TIA/EIA Section 222-G established by the Telecommunications Industry Association (TIA), by the Electronics Industry Association (EIA) for steel wireless support structures, and the applicable industry standards for other existing structures.
F. Signage. Other than signs required by Federal law or regulations or identification and location markings, installation of signs on a wireless telecommunication facility is prohibited.
G. Frequency Interference. Operation of the wireless telecommunication facilities shall not interfere with the frequencies used by any public safety agency for public safety communications, including, but not limited to, streetlight and traffic signal transmissions. In the event that an interference with the frequencies used by any public safety agency is detected, at any time, the wireless provider is required to, at its own expense, either: (i) reconfigure its antenna system’s frequency so that it does not interfere; or (ii) cease transmitting/receiving from said unit; or (iii) remove the entirety of the installation immediately upon notification of said interference. In the event a relocation is required, the applicant will be required to apply for a new permit for a wireless telecommunication facility with no assurances or guarantees regarding the issuance of a permit.
H. Permission to Use Utility Pole or Alternative Antenna Structure. The applicant of a wireless telecommunication facility shall submit to the County a written copy of the approval from the owner of a utility pole or an alternative antenna structure to mount the wireless telecommunication facility at that specific location as part of the application for issuance of a permit by the County.
I. Permission to Use Private Land. The applicant of a wireless telecommunication facility is also responsible for obtaining approval from the owner of any private land on which a utility pole or an alternative antenna structure is located (such as when a public highway is by prescriptive easement) to mount the wireless telecommunication facility at that specific location. The County shall not be responsible for verifying whether or not said approval is required.
J. Municipal Approval. When installing or collocating a wireless telecommunication facility on County-owned infrastructure, within County rights-of-ways that are also within a municipal boundary, the applicant shall submit to the County a written copy of the approval from the local municipality to mount the wireless telecommunication facility at that specific location as part of the application for issuance of a permit by the County.
K. Restoration. Upon completion of the work authorized by permit under this Ordinance, the applicant shall restore all disturbed or damaged areas of the rights-of-ways to, at a minimum, their original condition. Said restoration shall include, but is not limited to, any special landscaping or enhanced areas that existed in the rights-of-ways prior to the commencement of the permitted work, repairs to shoulders, ditches, parkways, curbs, and pavements. The County shall bear no responsibility for costs associated with such restoration.
L. Replacement of County-Owned Infrastructure. If the County determines that applicable codes or public safety regulations require the County-owned infrastructure to be modified or replaced to support the requested collocation, the County may require the applicant to modify or replace the County-owned infrastructure at no cost to the County.
M. Adjustments or Relocations of Facilities. The applicant shall be responsible for making adjustments, revisions, relocations and/or removal of its facilities or abandoned facilities on County-owned infrastructure or within the County rights-of-ways due to any County construction/reconstruction or maintenance work.
N. Damage to County Property. The applicant shall be financially responsible for any damage to County property caused by the installation, maintenance, or operation of their equipment.
O. Abandonment and Removal. Any wireless telecommunication facility located on County-owned infrastructure or within the County rights-of-ways that is not operated for a continuous period of twelve (12) months, shall be considered abandoned and the applicant of the facility shall remove same within ninety (90) days after receipt of written notice from the County notifying the applicant of such abandonment. Such notice shall be sent by certified or registered mail, return- receipt-requested, by the County to such applicant at the last known address of such applicant. In the case of wireless telecommunication facilities attached to County-owned infrastructure, if such facility is not removed within ninety (90) days of such notice, the County may cause the removal of such facility and applicant shall be responsible for any costs associated with the removal.
P. County Wireless Telecommunication Facilities. This Ordinance shall not apply to wireless telecommunication facilities owned by the County.
Q. 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-ways beyond the physical utility pole or alternative antenna structure require additional and separate permits. These types of connections would be applied for by the respective utility provider providing that service or connection (e.g. ComEd, ATT, etc.).
R. Application Fee. Unless otherwise provided by franchise, license, or similar agreement, or Federal, State or local law, all applications for permits pursuant to this Ordinance shall be accompanied by a fee set forth in Appendix A to this Ordinance for each wireless telecommunication facility addressed in the application. Said fee shall be based on whether the wireless telecommunication facility is being collocated on an existing utility pole or an alternative antenna structure or the wireless telecommunication facility included the installation of a new utility pole or alternative antenna structure.
S. Annual Recurring Rate. The applicant shall pay to the County an annual recurring rate set forth in Appendix A to this Ordinance for each permitted location to collocate or install wireless telecommunication facilities on a County-owned infrastructure within rights-of- ways. The applicant shall pay to the County amounts as agreed upon pursuant to a separate agreement between the wireless telecommunication facility and the County on a County-owned utility pole outside of rights-of-ways.
T. Insurance Coverage. A Certificate of Insurance meeting the coverage limits and insurance company ratings, as specified in the Illinois Department of Transportation Standard Specifications, shall be submitted, at no cost to the County, and shall name "McHenry County, the McHenry County Division of Transportation, its elected and appointed officials, its employees and agents" as additional insured parties. The Certificate shall also include proof of evidence of Worker’s Compensation Insurance coverage. The insurance shall include commercial general liability insurance with respect to the applicant’s activities to afford minimum protection limits consistent with the County’s requirements of other users of County-owned infrastructure or County rights-of- ways, including coverage for bodily injury and property damage.
U. No Implied Warranties. As to objects, structures, poles, etc. which are of, under or deemed to be those belonging to the County, onto which a wireless telecommunication facility is to be considered for installation upon, no implied or expressed warranty is given, granted, inferred, etc. as to its capability to accept, support, etc. and/or provide for the needs of the wireless telecommunication facility installation. The complete responsibility for assuring the wireless support structure’s ability will rest and lie entirely with the applicant. In the event the applicant’s wireless support structure is deemed inadequate by the applicant, the County will be under no obligation to augment or install a new alternative antenna structure for the installation of the wireless telecommunication facility.
V. Hold Harmless Agreement. It is recognized that the system being created by the wireless telecommunication facilities network requires an interconnection and complete coverage in order for the system to function. It is also recognized that in the course of events, weather conditions, traffic accidents, and maintenance operations sometimes cause damage to County- owned infrastructure and wireless support structures within rights-of-ways including, but not limited to, utility poles, streetlights, traffic signals or towers. Although replacement, reconstruction or re-installation of these elements are typically accomplished in as efficiently, timely and economically a manner as possible, there is no defined timeframe in which this repair work is completed. In the event such incidents occur causing damage to these County-owned infrastructure and wireless support structures which have wireless telecommunication facilities mounted or otherwise attached to them, and in the event such accidents or occurrences cause elements of or the complete wireless telecommunication facility to be incapacitated, rendered inoperable, made irreparable, or destroyed, the County and its elected and appointed officials and employees shall be held harmless and under no obligation to replace, reconstruct or re-install the County-owned infrastructure and wireless support structures within a certain time frame nor shall there be any obligation by the County to repair, reconfigure or replace any elements of the wireless telecommunications facilities. Such duties and responsibilities for the repair, reconfiguration or replacement of the wireless telecommunication facility shall rest solely and at the expense of the applicant.
(Ord. 6744, passed 5-15-2018)