(A) Permitted use. Small wireless facilities shall be classified as permitted uses and subject to administrative review, except as provided in division (C)(9) of this section regarding height exceptions or variances, but not subject to zoning review or approval if they are collocated (i) in rightsof-way in any zoning district, or (ii) 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 city 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 city, together with the city’s small cell facilities permit application, as a condition of any permit application to collocate small wireless facilities on a utility pole or wireless support structure:
(a) Site specific structural integrity and, for a municipal 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) 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 or location where utility poles or structures would be installed. This should include a depiction of the completed facility;
(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; and
(f) Certification that the collocation complies with the collocation requirements and conditions contained herein, to the best of the applicant’s knowledge.
(g) In the event that the proposed small wireless facility is to be attached to an existing pole owned by an entity other than the city, the wireless provider shall provide legally competent evidence of the consent of the owner of such pole to the proposed collocation.
(2) Application process. The City shall process applications as follows:
(a) 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) 1. 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 City fails to approve or deny the application within 90 days aner the submission of a completed application.
2. However, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant shall notify the city in writing of its intention to invoke the deemed approved remedy no sooner than 75 days after the submission of a completed application.
3. 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 city. The receipt of the deemed approved notice shall not preclude the city’s denial of the permit request within the time limits as provided under this subchapter.
(c) 1. 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 city fails to approve or deny the application within 120 days after the submission of a completed application.
2. However, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant shall notify the city in writing of its intention to invoke the deemed approved remedy no sooner than 105 days after the submission of a completed application.
3. 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 city. The receipt of the deemed approved notice shall not preclude the city’s denial of the permit request within the time limits as provided under this subchapter.
(d) 1. The city shall deny an application which does not meet the requirements of this subchapter.
2. If the city 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.
3. The city 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 city denies an application.
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. The city shall approve or deny the revised application within 30 days after the applicant resubmits the application or it is deemed approved. Failure to resubmit the revised application within 30 days of denial shall require the application to submit a new application with applicable fees, and recommencement of the city’s review period.
5. The applicant must notify the city in writing of its intention to proceed with the permitted activity on a deemed approved basis, which may be submitted with the revised application.
6. 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 30 days after an approved permit to collocate a small wireless facility on a municipal utility pole, the city and the applicant shall enter Into a master pole attachment agreement, provided by the city for the initial collocation on a municipal utility pole by the application. For subsequent approved permits to collocate on a small wireless facility on a municipal utility pole, the city and the applicant shall enter into a license supplement of the master pole attachment agreement.
(3) Completeness of application.
(a) 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 must specifically identify the missing information. An application shall be deemed complete if the city fails to provide notification to the applicant within 30 days after all documents, information and fees specifically enumerated in the city’s permit application form are submitted by the applicant to the city.
(b) Processing deadlines are tolled from the time the city 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 city; or
(b) A local, state or federal disaster declaration or similar emergency that causes the delay.
(5) Consolidated applications.
(a) An applicant seeking to collocate small wireless facilities within the jurisdiction of the city shall be allowed, at the applicant’s discretion, to 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) If an application includes multiple small wireless facilities, the city 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 city may issue separate permits for each collocation that is approved in a consolidated application.
(6) Duration of permits.
(a) The duration of a permit shall be for a period of not less than five years, and the permit shall be renewed for equivalent durations unless the city makes a finding that the small wireless facilities or the new or modified utility pole do not comply with the applicable city codes or any provision, condition or requirement contained in this subchapter.
(b) If the Act is repealed as provided in Section 90 therein, renewals of permits shall be subject to the applicable city 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 city by personal delivery at the city’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 city may reserve space on municipal utility poles for future public safety uses, for the city’s electric utility uses, or both, but a reservation of space may not preclude the collocation of a small wireless facility unless the city reasonably determines that the municipal 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 subchapter. The wireless provider shall ensure that its employees, agents or contracts that perform work in connection with its small wireless facilities are adequately trained and skilled in accordance with all applicable industry and govemmental standards and regulations.
(3) No interference with public safety communication frequencies.
(a) The wireless providers operation of the smalt wireless facilities shall not interfere with the frequencies used by a public safety agency for public safety communications.
(b ) 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.
(c) 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.
(d) 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 CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR 90.675.
(e) 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 paragraph. Failure to remedy the interference as required herein shall constitute a public nuisance.
(4) (a) 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.
(b) However, the antenna and support equipment of the small wireless facility may be located in the communications space on the city 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.
(c) For purposes of this subparagraph, 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) The wireless provider shall comply with all applicable codes and local code provisions or regulations that concem public safety.
(6) 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 city ordinance, written policy adopted by the city, 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.
(7) Alternate placements.
(a) Except as provided in this collocation requirements and conditions section, a wireless provider shall not be required to collocation 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 city may propose that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 100 feet of the proposed collocation, which the applicant shall accept if it has the right to use the altemate structure on reasonable terms and conditions, and the altemate location and structure does not impose technical limits or additional material costs as determined by the applicant.
(b) If the applicant refuses a collocation proposed by the city, the applicant shall provide written certification describing the property rights, technical limits or material cost reasons the altemate location does not satisfy the criteria in this paragraph.
(8) Height limitations.
(a) The maximum height of a small wireless facility shall be no more than 10 feet above the utility pole or wireless support structure on which the small wireless facility is collocated.
(b) New or replacement utility poles or wireless support structures on which small wireless facilities are collocated may not exceed the higher of:
1. Ten feet 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 city, 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
2. Forty-five (45) feet 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 through the License, Permits and Franchises Committee in conformance with procedures, terms and conditions set forth in §§ 153.201 et seq.
(10) Contractual design requirements. The wireless provider shall comply with requirements that are imposed by a contract between the city and a private property owner that concem 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.
(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.
(13) 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 municipal 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.
(14) Design standards. Except where otherwise limited by state and federal law, the following general guidelines and design, aesthetic, stealth and concealment standards apply to the placement of small wireless facilities within the city and attempt to ensure that all small wireless facilities are installed using the least intrusive means possible. General standards:
(a) Small wireless facilities:
1. Antennas and their related mounting equipment, including brackets, shall be mounted no less than 12 feet above ground level, as measured to the lowest most point of the installation.
2. All small wireless facilities installed on municipal infrastructure shall be on existing street lights, unless placement on other city infrastructure is approved by the Building Commissioner. If new wireless support structures are proposed, the support structure shall be proposed as a streetlight, unless otherwise approved by the Building Commissioner.
3. Antennas shall, to the extent technically feasible, be designed and installed to appear hidden within the utility pole or to appear like an original part of the utility pole or wireless support structure.
4. Unless otherwise approved by the Building Commissioner, each antenna not hidden within a utility pole shall be located entirely within a shroud enclosure not more than six cubic feet in volume that is capable of accepting paint to match the approved color of the small wireless facility. In the case of an approved antenna that has exposed elements, the antenna and all of its exposed elements shall be able to fit within an imaginary enclosure of no more than six cubic feet.
5. Top-mounted antennas and their enclosures shall, in keeping with the additional design standards approved by the City Council, and unless an alternative design is approved by the Building Commissioner or his or her designee, be mounted directly above the utility pole or wireless support structure and shall not extend beyond the diameter of the utility pole or wireless support structure at the level of the antenna attachment. There must be a smooth transition between the utility pole and antenna and enclosure.
6. Side-mounted antennas are required in all collocations on city top-mounted lights unless an alternative design is approved by the Building Commissioner. Side-mounted small wireless facility antennas within a shroud enclosure and side-mounted small wireless facility equipment enclosures shall be, if possible, flush-mounted to the utility pole or wireless support structure at the level of the attachment. If not flush-mounted, metal flaps or wings shall extend from the enclosure to the utility pole or wireless support structure to conceal any gap between the small wireless facility and the utility pole or wireless support structure. The design of the flaps shall be integrated with the design of the small wireless facility and shall be the same color.
7. Small wireless facilities located on street light poles or traffic control structures shall not block light emanating from the street light fixture or otherwise interfere with the purpose of the street light fixture or traffic control structure.
8. Small wireless facilities shall be attached to the utility pole or wireless support structure using rigid steel clamping mounts or stainless steel banding to the exterior of any metal pole. All mounts and banding shall be of the same color as the utility pole or wireless support structure, except as otherwise approved by the Building Commissioner or his or her designee. Care should be taken to integrate the mounting elements into the small wireless facility design. Through-bolting or use of lag bolts on city owned utility poles is prohibited.
9. For attachments to existing city utility poles, wires serving the small wireless facility shall be concealed within the hollow interior of the utility pole, or if concealment is not technically feasible, flush- mounted to an existing utility pole in an enclosed wire chase which is painted or otherwise colored to match the existing pole on which the facilities are collocated. If concealment is not feasible on an existing city utility pole, the city's preference is for the installation of a new pole which matches existing city design standards. For new utility poles or wireless support structures, wires serving the small wireless facility shall be concealed within the hollow interior of the utility pole or wireless support structure, except as otherwise approved by the Building Commissioner.
10. All small wireless facilities shall be installed in accordance with all applicable city codes. No wiring or cabling shall interfere with any existing wiring or cabling installed by the city, a utility or a wireless services provider.
11. No guy or other support wires will be used in connection with a small wireless facility unless the small wireless facility is to be attached to an existing utility pole or wireless support structure that incorporates guy wires prior to the date the applicant has applied for a permit.
12. The small wireless facility, including the antenna, and all related equipment when attached to an existing or new utility pole or wireless support structure, must be designed to withstand a wind force and ice loads in accordance with the 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 small wireless facility attached to a city-owned utility pole or, in the discretion of the city, to a non city-owned utility pole or wireless support structure, the operator of the small wireless 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.
13. The city will not authorize any attachments of small wireless facilities to a city-owned utility pole that negatively impacts the structural integrity of the pole. The city may conditionally approve of the collocation on replacement or modification of the city-owned utility pole if necessary to meet city standards.
14. Small wireless facilities shall be located in a manner that meets the Americans With Disabilities Act of 1990 and does not obstruct, impede or hinder the usual pedestrian or vehicular path of travel.
15. Small wireless facilities collocated on city-owned utility poles may not use the same power or communication source providing power and/or communication for the existing infrastructure, except as otherwise approved by the Building Commissioner or his or her designee. The wireless provider shall coordinate, establish, maintain and pay for all power and communication connections with private utilities.
16. A two-inch by four-inch stamped stainless steel or aluminum plate with the wireless providers name, location identifying information, and emergency telephone number shall be permanently fixed to the small wireless facility equipment or shroud.
17. Small wireless facilities may not be sited within 100 feet of any residence unless collocated on an existing utility pole or other structure in a manner otherwise consistent with these standards, state and federal law, the City's Municipal Code, or reasonable stealth, concealment, and aesthetic requirements that are otherwise identified by the city in an ordinance, written policy adopted by the City Council, in the city's comprehensive plan, or in another written design plan that applies to other occupiers of the rights-of-way.
18. The order of preference for the location for small wireless facilities from most preferred to least preferred is:
a. Collocation with existing small wireless facilities;
b. Roof-mounted;
c. Building-mounted;
d. Mounted on an existing wireless support structure or utility pole;
e. Mounted on a new wireless support structure or utility pole that will replace an existing wireless support structure or utility pole; or
f. Mounted on a new wireless support structure.
19. Small wireless facility equipment not mounted on a utility pole or wireless support structure other than an antenna and any electric meter or other equipment that must be placed above ground to function, shall be installed underground. Undergrounded equipment shall be installed flush to the ground, within three feet of the associated utility pole or wireless support structure. Accessory equipment such as radios and computers that require an environmentally controlled underground vault to function are not exempt from this division and shall be undergrounded. For equipment that must be placed above ground to function, landscaping shall be required to help mitigate the effects of the installation of any ground-mounted equipment. All ground-mounted equipment must be fully screened at all times.
20. Small wireless facilities other than those placed on wooden, electric utility poles, may not be powered by above-ground wire connections from other utility poles. Any above-ground wire connections from wooden, electric utility poles to a small, wireless facility must follow an existing wire path; new wire paths are prohibited.
21. Any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by a wireless provider or their agents shall be replaced. If any trees are damaged or displaced, the provider shall hire and pay for a licensed arborist to select, plant and maintain replacement landscaping in an appropriate location for the species. Only International Society of Arboriculture certified workers under the supervision of a licensed arborist shall be used to install the replacement tree(s). Any replacement tree must be substantially the same size as the damaged tree and preapproved by the city's arborist. All replacement landscaping shall be maintained by the wireless provider.
22. The city, in its sole discretion, and at any time, may: (1) change any street grade, width or location; (2) add, remove or otherwise change any improvements in, on, under or along any street owned by the city or any other public agency, which includes without limitation any sewers, storm sewers or drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (3) perform any other work deemed necessary, useful or desirable by the city (collectively, "city work"). The city reserves the rights to do any and all city work without any admission on its part that the city would not have such rights without this express reservation. If the Building Commissioner determines that any city work will require a small wireless facility located in the public right-of-way to be rearranged and/or relocated, the wireless provider shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation, limited only by city requirements as set forth in state or federal law. If the wireless provider fails or refuses to either permanently or temporarily rearrange and/or relocate the small wireless facility within a reasonable time after the city's notice, the city may (but will not be obligated to) cause the rearrangement or relocation to be performed at the wireless provider's sole cost and expense. The city may exercise its rights to rearrange or relocate the wireless provider's small wireless facility without prior notice to the wireless provider when the Building Commissioner determines that the city work is immediately necessary to protect public health or safety. The wireless provider shall reimburse the city for all costs and expenses in connection with such work within ten days after a written demand for reimbursement and receipt of reasonable documentation to support such costs.
23. Small wireless facilities may not be collocated on the following structures, whether located in the public right-of-way or not:
a. Any utility pole scheduled for removal or relocation within 12 months from the time the city acts on the application;
b. New, non-replacement wood poles installed by the wireless provider.
24. The wireless provider is required to install wireless facilities with antenna and other equipment that has the smallest visual profile to the extent commercially available, technologically compatible with the local network system and already used in its national or regional wireless network system.
25. The wireless provider is required to replace such equipment when replacement work is being done with equipment that has the smallest visual profile to the extent commercially available, technologically compatible with the local network system and already used in its national or regional wireless network system.
(b) Replacement of existing street light poles. The following standards apply when replacing an existing street light pole (including ornamental lights) with a combination small wireless facility and street light pole. Such replacements should only be located where an existing street light pole can be removed and replaced, or at a new location where it has been identified that a street light is necessary. All such replacements shall meet the following standards:
1. All replacement street light poles shall conform to a design or designs provided by the city as part of its additional city design standards, as amended from time to time, unless an alternative design is approved by the Building Commissioner. In areas where the city-approved designs set forth in the additional city design standards are not applicable, replacement street light poles shall be of a similar design, material, and color as the replaced existing street light pole and other poles within the immediate area as established by the additional city design standards, unless an alternative design is approved by the Building Commissioner. The additional city design standards may be amended from time to time.
2. All replacement street light poles and pole foundations shall conform to the city's standards and specifications for street light design and construction, unless an alternative design is approved by the Building Commissioner or his or her designee.
3. Replacement street light poles shalt be an equal distance from other street light poles based upon the average distance between existing street light poles within the designated area and shall adhere to the photometric standard established by the additional city design standards, as amended from time to time.
4. Street light poles shall be designed and engineered to support a luminaire and, if applicable, a mast arm of length equal to that of the existing pole to be replaced or of a length approved by the Building Commissioner or his or her designee based upon the location of the replacement street light pole.
5. All luminaires and mast arms, if applicable, shall match the arc and style of the original luminaire and mast arm, unless otherwise approved by the Building Commissioner or his or her designee.
6. The replacement luminaire and mast arm shall be at the same height above the ground as the existing luminaire and mast arm.
7. All replacement street light poles shall have new light emitting diode (LED) light fixtures of the same manufacturer, model and light outputas the removed fixture and nearby light fixtures, or as otherwise approved by the Building Commissioner or his or her designee.
8. Replacement street light poles, including but not limited to the pole itself, head, fixtures, mast arm (if applicable) and electrical components, shall have a five-year manufacturer's replacement warranty.
9. Replacement street light poles shall meet American Association of State Highway and Transportation Officials structural guidelines for roadway applications and the American National Standards institute requirements for vibrations.
10. Street light pole height shall be measured from the ground to the top of the street light pole.
11. All replacement street light pole heights shall be consistent with those of existing street lights in keeping with the additional Design Standards as approved by the City Council, unless an alternative height is otherwise approved by the Building Commissioner.
12. The small wireless facility components shall be sized appropriately to the scale of the street light pole. However, to the extent commercially available, technologically compatible with the local network system and already used in its national or regional wireless network system, when performing replacement work, the wireless provider is required to replace any wireless facilities with antenna and other equipment that have the smallest visual profile.
13. A decorative transition shall be installed over the equipment enclosure upper bolts, or a decorative base cover shall be installed to match the equipment enclosure size. All hardware connections shall be hidden from view. Each street light pole component shall be architecturally compatible to create a cohesive aesthetic.
14. Unless an alternative arrangement is mutually agreed to by the parties, replacement or newly installed street light poles shall continue to be owned by the city or shall be transferred to the city upon completion of construction, inspection and acceptance by the city.
15. Existing ornamental light poles must be replaced with matching poles with respect to design and size.
(c) Installation of new wireless support structures, where allowed.
1. In the interest of administrative efficiency, the proposed location and design of new wireless support structures shall be reviewed with the Building Commissioner or his or her designee prior to application. Such review does not constitute approval but is instead designed to identify existing utility conflicts and other issues that might be readily identified and/or resolved by communication between the applicant and city staff.
2. A new wireless support structure shall be designed to minimize the visual and aesthetic impact of the new vertical element and associated small wireless facilities upon the surrounding area and shall blend in with the surrounding streetscape with minimal visual impact. The city may require a new wireless support structure to be constructed of a specific material that will enhance the stealth and concealment of the structure.
3. New wireless support structures shall be metal unless otherwise approved by the Building Commissioner or his or her designee as appropriate for the immediate area. New wireless support structures shall conform to a design or designs provided by the city as part of its additional city design standards, as amended from time to time. In areas where the city-approved designs set forth in the additional city design standards are not applicable, new wireless support structures shall otherwise match the design, size, type, material and color of existing utility poles, including street light poles and ornamental lights, within the immediate area, except as otherwise approved by the Building Commissioner or his or her designee.
4. Within residentially zoned areas, installations shall be located at corner intersections on an existing utility pole. Where a corner intersection collocation on an existing utility pole is not possible, new wireless support structures shall be located at a corner intersection with an existing utility pole. If location of a new wireless support structure at a comer intersection is not possible, new wireless support structures shall be located where the shared property line between two residential parcels intersect the right-of-way whenever possible, unless an unsafe condition, cluttered appearance, or other violation of these standards will result.
5. New wireless support structures with street lights, other than those located at corner intersections, shall be equal distance from other utility or street tight poles based upon the average distance between existing utility or street light poles within the designated area, unless an alternative location is approved by the Building Commissioner. If a new wireless support structure cannot be located the average distance from other utility poles, a new wireless support structure may be approved if such wireless support structure is designed and placed as a stealth pole so as to be inconspicuous and blend with the surroundings. The utility provider shall coordinate with the city to identify a mutually agreed upon location.
6. The centerline of a new wireless support structure shall be in alignment with existing utility poles where present, or with street or parkway trees along the same side of the right-at-way. If no such centerline currently exists, the utility provider shall coordinate with the city to identify a mutually agreed upon location.
7. New wireless support structures shall be located a minimum of 12 feet from driveway aprons unless otherwise approved by the Building Commissioner.
8. New wireless support structures in the right-of-way shall be sited outside the critical root zone at existing trees having a six-inch diameter at breast height located either in the right-of- way or adjacent to the right-of-way in the immediate vicinity, unless placement within a critical root zone is otherwise approved by the Building Commissioner, in consultation with the city arborist. No proposed installation shall result in the removal of any parkway tree unless otherwise approved by the Building Commissioner, in consultation with the city arborist.
9. The outside diameter of any new wireless support structure shall not exceed the diameter of existing utility poles located within 300 feet of the location of the new wireless support structure.
10. New wireless support structures shall not exceed the heights as authorized by the City Code.
11. New wireless support structures shall be round in shape with a smooth pole shaft, the exception being when being installed adjacent to or near ornamental lights. In this case, the support structure shaft shall be similar in shape to the existing ornamental lights and of a design approved by the Building Commissioner.
12. New wireless support structures incorporating pole-mounted small wireless facilities shall be uniformly tapered in diameter from the base to the top, with a maximum diameter of 12 inches at the base and a maximum diameter of eight inches at the top or shall seamlessly blend into the diameter of the top of the existing or proposed utility pole, unless an alternative design is approved by the Building Commissioner. Incorporation of equipment within an equipment enclosure in the base or other portion of the pole is preferred.
13. New wireless support structures incorporating small wireless facilities in an equipment enclosure within a base may utilize poles tapered in diameter or poles having a consistent outside diameter, unless an alternative design is approved by the Building Commissioner.
14. All new wireless support structures must be supported with a reinforced concrete foundation designed, stamped, sealed and signed by a professional engineer licensed and registered in the State of Illinois, and subject to the approval of the Building Commissioner or his or her designee. Optionally, screw in foundations are acceptable with stamped and sealed drawings from a professional engineer licensed and registered in the State of Illinois, and subject to the Building Commissioner's approval.
15. All anchor bolts must be concealed from public view, with an appropriate pole boot or cover powder-coated to match the wireless support structure color.
16. If multiple requests are received to install two or more wireless support structures in approximately the same location, in a manner that would violate these requirements or other city's requirements the city shall resolve such conflict through whatever reasonable and nondiscriminatory manner it deems appropriate.
(d) Stealth and concealment requirements. Wireless providers shall comply with the design and construction standards that are generally applicable to utility installations in the public right-of-way, as set forth in City Code, as well as these standards, any other written design standards for decorative utility poles, or reasonable stealth, concealment, and aesthetic requirements that are otherwise identified by the city in an ordinance, written policy adopted by the City Council, in the city's comprehensive plan, or in another written design plan that applies to other occupiers of the rights-of-way, including on a historic landmark or in a historic district, and any requirements adopted pursuant to the Illinois State Agency Historic Resources Preservation Act, or the National Historic Preservation Act of 1966, 54 U.S.C. Section 300101 et seq., and the regulations adopted to implement those laws. In addition:
1. The use of stealth technology in the location and construction of small wireless facilities is required whenever and wherever possible. Stealth technology means using the least visually and physically intrusive design and equipment that is not technologically or commercially unfeasible under the facts and circumstances, to employ methods that blend into surroundings and not be visible; and to minimize adverse aesthetic and visual impacts on the right-of-way, property, building and/or other facilities adjacent to, surrounding and in generally the same area as the requested location of such small wireless facilities.
2. Small wireless facilities, including but not limited to antennas, equipment enclosures, mounting brackets and hardware, mounting posts, cables, and shrouds, shall be of a color that is identical to the utility pole or of a neutral color compatible with the color of the utility pole and any surrounding elements so as to camouflage or conceal their appearance, create consistency among right-of-way infrastructure, and to make such small wireless facilities as unobtrusive as possible. The Director of Municipal Services or his or her designee may approve compatible color schemes for antennas and small wireless facilities. A clear, color digital photo simulation of the utility pole or wireless support structure location providing "before and after" views demonstrating the true visual impact of the proposed small wireless facility on the surrounding environment shall be included in the application.
3. Mechanical equipment and devices shall be concealed underground, mounted within a concealment box designed as a decorative pole base or within unobtrusive equipment enclosures or other devices mounted directly to the pole a minimum of eight feet above ground level and screened by means of city-approved banners or other approved concealment methods.
4. Small wireless facilities must be located and oriented in such a way as to minimize view blockage as established by City's Code requirements and additional city design standards.
5. The wireless provider shall use the smallest suitable wireless facilities then in industry use, regardless of location, for the particular application.
6. Additional landscaping and fencing shall be required to help mitigate the effects of the installation of any ground-mounted equipment. The utility shall coordinate with the Building Commissioner to identify a mutually agreed upon solution. All ground-mounted equipment must be fully screened at all times.
7. Small wireless facilities shall not be artificially lighted or marked, except as required by law.
8. Small wireless facilities, other than top-mounted antennas, shall be mounted on the side of the utility pole or wireless support structure opposite the direction of vehicular traffic along the same side of the right-of-way.
9. Alternative measures for concealment may be proposed by the wireless provider and approved by the Building Commissioner or his or her designee. If the Building Commissioner or designee determines that the optional measures will be at least as effective in concealing the small wireless facilities as the measures required above.
(e) Historic districts and landmarks. For areas designated as historic districts or on buildings or structures designated as historic landmarks, in addition to the stealth, concealment and design requirements referenced above, the following additional restrictions/conditions apply to the installation of small wireless facilities:
1. Small wireless facilities shall be comprised of materials that are consistent with the surrounding elements so as to blend architecturally with any buildings or structures designated as historic landmarks or located within a designated historic district and shall be designed to blend with the surrounding historical landmarks and/or district in design and color.
2. Small wireless facilities shall not be mounted upon any structure designated as a historic landmark..
(f) Historic district or historic landmark limitations:
1. The above design or concealment measures with respect to a historic district or historic landmark, including restrictions on a specific category of utility poles, may not have the effect of prohibiting any provider's technology. Such design and concealment measures shall not be considered a part of the small wireless facility for purposes of the size restrictions of a small wireless facility.
2. This division shall 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. Section 300101 et seq., and the regulations adopted to implement those laws.
(g) Severability. Each section, paragraph, clause and provisions of these guidelines and standards is separable and if any portion is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of these guidelines and standards, nor any part thereof, other than that part affected by such decision.
(D) Application fees. Application fees are imposed as follows:
(1) Applicant shall pay an application fee of $650 for an application to collocate a single small wireless facility on an existing utility pole or wireless support structure, and $350 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 $1,000 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 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:
(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 city at least ten days prior to the planned replacement and includes equipment specifications for the replacement of equipment consistent with division (B)(1)(d) 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 city to work within rights-of-way for activities that affect traffic patterns or require lane closures.
(E) Exceptions to applicability.
(1) Nothing in this subchapter authorizes a person to collocate small wireless facilities on:
(a) 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;
(b) 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
(c) Property owned by a rail carrier registered under Section 18c-7201 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 18c-7201), 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 (ILCS Ch. 220, Act 5, § 16-102), 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 (ILCS Ch. 220, Act 5, § 16-108.5(i)).
(2) For the purposes of this subsection, “public utility” has the meaning given to that term in Section 3-105 of the Public Utilities Act (ILCS Ch. 220, Act 5, § 3-105). Nothing in this subchapter 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 subchapter.
(F) Pre-existing agreements.
(1) Existing 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, remain in effect for all small wireless facilities collocated on the city’s utility poles pursuant to applications submitted to the city before June 1, 2018, subject to applicable termination provisions contained therein. Agreements entered into after June 1, 2018, shall comply with this subchapter.
(2) A wireless provider that has an existing agreement with the city on the effective date of the Act may accept the rates, fees and terms that the city makes available under this subchapter 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 or more years after the effective date of the Act by notifying the city 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 city’s utility poles pursuant to applications submitted to the City before the wireless provider provides such notice and exercises its option under this paragraph.
(G) Annual recurring rate.
(1) A wireless provider shall pay to the city an annual recurring rate to collocate a small wireless facility on a city utility pole located in a right-of-way that equals (i) $200 per year or (ii) the actual, direct and reasonable costs related to the wireless provider’s use of space on the city utility pole.
(2) If the city has not billed the wireless provider actual and direct costs, the fee shall be $200 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.
(1) A small wireless facility that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of the facility shall remove the small wireless facility within 90 days after receipt of written notice from the city notifying the wireless provider of the abandonment.
(2) 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 wireless provider. 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 its pole attachment agreement for municipal utility poles or through whatever actions are provided for abatement of nuisances or by other law for removal and cost recovery.
(3) A wireless provider shall provide written notice to the city if it sells or transfers small wireless facilities within the jurisdiction of the city. Such notice shall include the name and contact information of the new wireless provider.
Ord. O-13-18, passed 7-17-18; Am. Ord. O-5-21, passed 3-2-21)