(A) General requirements. In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this division (A).
(1) No interference with village facilities. No utility facilities shall be placed in any location if the Director of Public Works determines that the proposed location will require the relocation or displacement of any of the village’s utility facilities or will otherwise interfere with the operation or maintenance of any of the village’s utility facilities.
(2) Minimum interference and impact. The proposed location shall cause only the minimum possible interference with the use of the right-of-way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin the right-of-way.
(3) No interference with travel. No utility facility shall be placed in any location that interferes with the usual travel on such right-of-way.
(4) No limitations on visibility. No utility facility shall be placed in any location so as to limit visibility of or by users of the right-of-way.
(5) Size of utility facilities. The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.
(6) Aesthetic approval. Those facilities located above ground shall be submitted for aesthetic approval to the Community Development Department and the Parks and Recreation Department and that approval shall not be unreasonably withheld or conditioned by the village; however, the facility shall be modified as requested to the greatest extent practicable.
(7) The village is not required to install or maintain any specific utility pole or to continue to install or maintain utility poles in any location if it makes a non-discriminatory decision to eliminate above-ground utility poles of a particular type. For village utility poles with collocated small wireless facilities in place when the village makes a decision to eliminate above-ground utility poles, the village will, at its discretion, either maintain the utility pole or install and maintain an alternative utility pole for the collocation of the small wireless facility, or offer to sell the utility pole to the wireless provider.
(B) Parallel facilities located within highways.
(1) Overhead parallel facilities. An overhead parallel facility may be located within the right-of-way lines of a highway only if:
(a) Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit;
(b) Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (0.6 m) behind the face of the curb, where available;
(c) Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;
(d) No pole is located in the ditch line of a highway; and
(e) Any ground-mounted appurtenance is located within one foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line.
(2) Underground parallel facilities. An underground parallel facility may be located within the right-of-way lines of a highway only if:
(a) The facility is located as near the right-of-way line as practicable and not more than eight feet (2.4 m) from and parallel to the right-of-way line;
(b) A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g.. a new cable may be installed in existing conduit without disrupting the pavement); and
(c) In the case of an underground power or communications line, the facility shall be located as near the right-of-way line as practicable and not more than five feet (1.5 m) from the right-of-way line and any above-grounded appurtenance shall be located within one foot (0.3 m) of the right-of-way line or as near as practicable.
(C) Facilities crossing highways.
(1) No future disruption. The construction and design of crossing facilities installed between the ditch lines or curb lines of village highways may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities.
(2) Cattle passes, culverts, or drainage facilities. Crossing facilities shall not be located in cattle passes, culverts, or drainage facilities.
(3) Ninety-degree crossing required. Crossing facilities shall cross at or as near to a 90-degree angle to the centerline as practicable.
(4) Overhead power or communication facility. An overhead power or communication facility may cross a highway only if:
(a) It has a minimum vertical line clearance as required by ICCs rules entitled, “Construction of Electric Power and Communication Lines” (83 III. Adm. Code 305);
(b) Poles are located within one foot (0.3 m) of the right-of-way line of the highway and outside of the clear zone; and
(c) Overhead crossings at major intersections are avoided.
(5) Underground power or communication facility. An underground power or communication facility may cross a highway only if:
(a) The design materials and construction methods will provide maximum maintenance-free service life; and
(b) Capacity for the utility’s foreseeable future expansion needs is provided in the initial installation.
(6) Markers. The village may require the utility to provide a marker at each right-of-way line where an underground facility other than a power or communication facility crosses a highway. Each marker shall identify the type of facility, the utility, and an emergency phone number. Markers may also be eliminated as provided in current federal regulations (49 C.F.R.§ 192.707 (1989)).
(D) Facilities to be located within particular rights-of-way. The village may require that facilities be located within particular rights-of-way that are not highways, rather than within particular highways.
(E) Freestanding facilities.
(1) Small wireless facilities.
(a) The village may not require the placement of a small wireless facility on a specific utility pole or category of poles. However, should the application necessitate the installation of a new utility pole, the village may propose that the small wireless facility be collocated on an existing utility pole or existing support structure within 100 feet of the proposed collocation. Should the applicant reject the proposed relocated collocation, it must provide a written certification describing the property rights, technical limits or material cost reasons the alternative location will not satisfy the wireless provider’s needs. The village may require any monopole, utility pole or other freestanding facility located within a right-of-way to be screened from view in compliance with the appearance standards described below.
(b) If all existing monopoles, utility poles and other aboveground facilities are located on one side of the right-of-way, all new monopoles, utility poles and other freestanding facilities shall be located on the same side of the right-of-way as the existing aboveground facilities. If there exist above ground facilities on both sides, new freestanding facilities shall be located on the side where the above ground facilities most closely match the scale of the new freestanding facility.
(2) Other facilities.
(a) The village may restrict the location and size of any monopole, utility pole or other freestanding facility located within a right-of-way. No freestanding facility located within a right-of-way may be constructed or modified so that the height of the free standing facility is higher by more than ten feet or more than 10%, whichever is greater, than any other existing, freestanding facility located within the right-of-way within 300 feet of the proposed facility, measured along the center line of the respective right-of-way. Where there are no other freestanding facilities located within 300 feet of the proposed facility, the maximum height of the freestanding facility shall be 45 feet.
(b) The village may require any monopole, utility pole or other freestanding facility located within a right-of-way to be screened from view.
(c) If all existing monopoles, utility poles and other aboveground facilities are located on one side of the right-of-way, all new monopoles, utility poles and other freestanding facilities shall be located on the same side of the right-of-way as the existing aboveground facilities. If there exist above ground facilities on both sides, new freestandingfacilities shall be located on the side where the above ground facilities most closely match the scale of the new freestanding facility.
(F) Height restrictions for small wireless facilities. Small wireless facilities are limited to a maximum height of ten feet above the utility pole or wireless structure on which it is collocated. The height limit of a new or replacement utility pole or wireless support structure on which small wireless facilities are collocated is limited to the higher of: (i) ten feet higher than the tallest existing utility pole within 300 feet of the new or replacement utility pole or wireless support structure that is in the same right-of-way; or (ii) 45 feet above ground level. The village shall designate which intersecting right-of-way within 300 feet of the proposed utility pole or wireless support structure shall control the height limitation.
(G) Facilities installed above ground. Above ground facilities may be installed only if:
(1) No other existing facilities in the area are located underground;
(2) New underground installation is not technically feasible; and
(3) The proposed installation will be made at a location, and will employ suitable design and materials, to provide the greatest protection of aesthetic qualities of the area being traversed without adversely affecting safety. Suitable designs include, but are not limited to, self-supporting armless, single-pole construction with vertical configuration of conductors and cable. Existing utility poles and municipally- owned infrastructure shall be used wherever practicable; the installation of additional utility poles or monopoles is strongly discouraged.
(H) Facility attachments to bridges or roadway structures.
(1) Facilities may be installed as attachments to bridges or roadway structures only where the utility has demonstrated that all other means of accommodating the facility are not practicable. Other means shall include, but are not limited to, underground, underwater, independent poles, cable supports and tower supports, all of which are completely separated from the bridge or roadway structure. Facilities transmitting commodities that are volatile, flammable, corrosive, or energized, especially those under significant pressure or potential, present high degrees of risk and such installations are not permitted.
(2) A utility shall include in its request to accommodate a facility installation on a bridge or roadway structure supporting data demonstrating the impracticability of alternate routing. Approval or disapproval of an application for facility attachment to a bridge or roadway structure will be based upon the following considerations:
(a) The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to persons and property in the event of damage to or failure of the facility;
(b) The type, length, value, and relative importance of the highway structure in the transportation system;
(c) The alternative routings available to the utility and their comparative practicability;
(d) The proposed method of attachment;
(e) The ability of the structure to bear the increased load of the proposed facility;
(f) The degree of interference with bridge maintenance and painting;
(g) The effect on the visual quality of the structure; and
(h) The public benefit expected from the utility service as compared to the risk involved.
(I) Design and appearance standards.
(1) Residential design standards.
(a) Purpose. Ensure visually acceptable facility design and to provide discretion on required and preferred design of small wireless facilities.
(b) Applicability. These design standards shall apply to each facility located in a district zoned for residential uses:
1. Applicants must use architectural treatments and stealth techniques to reduce potential visual impacts from all small wireless facilities.
2. All new utility poles installed for the purpose of mounting a facility must be stealth or camouflaged to blend into the surrounding environment. Examples of stealth of camouflage designs are presented in Figure 1.
3. Small wireless facilities and all ancillary equipment associated with the facility must not emit sound.
4. Cables must be routed directly from the ground through the pole and equipment enclosures must completely enclose or hide cabling. No exposed cable is allowed.
5. No flashing lights or unnecessary, non-essential stickers are allowed to be placed on any facility. Stickers must be designed in the same color as the pole to which they are attached.
6. In no case shall equipment block the sidewalk or pedestrian pathway. All installations must maintain accessibility requirements and standards.
7. All newly installed equipment must be painted with graffiti-resistant pain to match pole color and surroundings.
8. Colors and materials for small wireless facilities shall be chosen to minimize the visibility of the facility.
9. Antennas attached to existing poles or municipally-owned infrastructure shall be painted and textured to match the existing structure.
10. Any around-mounted facility shall be painted with non-reflective matte finish paint using color shades that are comparable or blend with surrounding natural elements such as soil, trees, or grasslands. Any ground-mounted facility shall be screened from the yard of the property in front of which it is located using year-round landscaping materials. The owner of the ground-mounted facility shall guarantee the landscaping materials for a period of one-year from planting.
11. All disturbed pavement and landscaping shall be replaced and areas of bare or disturbed soils must be re-vegetated. If replacement landscape is determined to be infeasible the village may accept mitigation funds to use elsewhere. The owner of the ground-mounted facility shall guarantee the restoration work or reseeding for a period of one year.
12. No facility may display any signage or advertisements unless expressly allowed by the village in a written approval, recommended under FCC regulations or required by law or permit condition. Every facility shall at all times display signage that accurately identifies the facility owner and provides the facility owner’s unique site number, and also provides a local or toll-free telephone number to contact the facility owner’s operations center. All required or permitted signage must face toward the street or otherwise placed to minimize visibility from adjacent sidewalks and structures.
(2) Design standards in special aesthetic/economic purpose zones.
(a) Purpose. To protect and promote the village’s unique character in a manner consistent with state and federal laws and regulations.
(b) Applicability. These design standards shall apply to:
1. Each area, district, neighborhood or zone expressly designated in the village’s Comprehensive Plan as having special aesthetic or economic impacts on the welfare of the community; and
2. Each redevelopment area designed under the Tax Increment Allocation Redevelopment Act or the Business District Development and Redevelopment Act:
A. Siting of small wireless facilities in special aesthetic/economic purpose zones must respect the existing character or design ordinance of established zone.
B. Applicants must include proposed stealth and concealment measures in their applications.
C. Effective camouflage so as to disguise the facility so that it appears to be something other than a facility and is at the same time compatible with its surroundings (for example, designed to look like a tree).
D. Small wireless facilities must be designed so that the facilities silhouette, mass and color are masked in such a way as to be virtually indistinguishable from their background.
E. Examples of stealth of camouflage designs are presented in Figure 1 above.
(3) Design standards in historic districts.
(a) Purpose. To promote the educational, cultural, economic and general welfare of the village by identifying, preserving, protecting, enhancing and encouraging the continued utilization and the rehabilitation of such areas, properties, structures, sites and objects having a special historical interest or value to the village and its citizens.
(b) Applicability. These design standards apply in any historic district or on any historic landmark:
A. Districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic Places are to be avoided, to the greatest extent possible. Local landmarked buildings, properties, sites, or historic districts that are so recognized bv an ordinance that meets the requirements of the certified Local Government Program of the Illinois State Historic Preservation Office are also to be avoided, to the greatest extent possible.
B. Applicants must include proposed stealth and concealment measures in their applications.
C. Applicant must implement said village-approved design concepts, and the use of camouflage or stealth materials as necessary in order to achieve compliance with historic preservation review.
D. Prior to submitting an application, where the applicant submits an application to site facilities in a historic district, the applicant must meet with the village to discuss any potential design modifications appropriate for the installation.
E. When siting a facility in a historic district, wireless provider must avoid removing, obscuring or altering any historic material or significant architectural features. Rehabilitation and make-ready work must not destroy the distinguishing character of the property or its environment.
F. Deteriorated architectural features should be repaired rather than replaced, wherever possible by means such as rust removal, calking, limited paint removal and reapplication of paint.
(4) General design standards.
(a) Applicability. These design standards apply to all small wireless facilities:
1. All small wireless facilities not governed by the preceding design standards must be placed so as to minimize visibility. The small wireless facility, including all ancillary equipment and appurtenances, must be a color that blends with the surroundings of the utility pole or municipally-owned 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 concealed within the freestanding facility or covered with an appropriate cover.
2. The village may discourage the installation of facilities in particular locations in order to preserve visual quality.
3. A facility may be constructed only if its construction does not require extensive removal or alteration of trees or terrain features visible to the right-of-way user or to adjacent residents and property owners.
4. A facility may not be installed in a manner which defeats any existing concealment elements of the utility pole or municipally-owned infrastructure to which it is attached.
5. Facilities under common ownership or operated on the same radio frequency shall be separated as far as practicable.
(Ord. 2014-23, passed 6-16-14; Am. Ord. 2018-46, passed 9-17-18)