§ 122.02  ENABLING STATUTE.
   (A)   The legislature passed Public Act 100-0585, the Small Wireless Facilities Deployment Act (hereinafter "the Act"), enabling Will County to pass an ordinance to adopt rates, fees and terms which comply with the Act for the collocation of small wireless facilities within the county's rights-of-way. All definitions, terms and conditions of the Act are incorporated herein and made a part hereof without the necessity of repeating all definitions, terms and conditions. To implement a clear, simplified permitting process, the county is reiterating some, but not all, of the provisions from the Act. The fact that a provision from the Act is not specifically listed in this chapter does not impact its legal effect. In the event that applicable federal or state laws or regulations conflict with the requirements of this chapter, the wireless provider shall comply with the requirements of this chapter to the maximum extent possible without violating federal or state laws or regulations.
   (B)   Since the Will County Department of Highways Permit Regulations and Access Control Regulations does not sufficiently address the collocation of small wireless facilities, and the legislature has enacted specific terms which apply only to small wireless companies who request to locate small wireless facilities within the county rights-of-way, the county is enacting this new chapter, the Wireless Telecommunication Facilities Chapter.
   (C)   Where the conditions imposed by any provisions of this chapter regarding the siting and installation of wireless telecommunication facilities are more restrictive than comparable conditions imposed elsewhere in any other local law, ordinance, resolution, rule or regulation, the regulations of this chapter shall govern.
(Ord. 18-226, passed 8-16-2018)