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A. Purpose And Scope:
1. Purpose: The purpose of this section is to establish regulations, standards, and procedures for the siting and collocation of small wireless facilities on rights-of-way within the Village's jurisdiction, or outside the rights-of- way on property zoned by the Village exclusively for commercial or industrial use, in a manner that is consistent with the Small Wireless Facilities Act, as defined herein.
2. Conflicts With Other Ordinances: This section supersedes all ordinances or parts of ordinances adopted prior hereto that are in conflict herewith, to the extent of such conflict.
3. Conflicts With State And Federal Laws: In the event that applicable Federal or State laws or regulations conflict with the requirements of this section, the wireless provider shall comply with the requirements of this section to the maximum extent possible without violating Federal or State laws or regulations.
B. Definitions: The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except as otherwise stated or where the context clearly indicates a different meaning:
ACT: The Small Wireless Facilities Deployment Act, 50 Illinois Compiled Statutes 840/1, et seq.
ANTENNA: Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
APPLICABLE CODES: Building, Fire, Electrical, Plumbing, or Mechanical Codes adopted by a recognized national code organization or local amendments to those codes, including, without limitation, the National Electric Safety Code.
APPLICANT: Any person who submits an application and is a wireless provider.
APPLICATION: A request submitted by an applicant to the Village for a permit to collocate small wireless facilities, and a request that includes the installation of a new utility pole for such collocation, as well as any applicable fee for the review of such application.
AUTHORITY: A unit of local government that has jurisdiction and control for use of public rights-of-way as provided by the Illinois Highway Code for placements within public rights-of-way or has zoning or land use control for placements not within public rights-of-way. Authority specifically includes, without limitation, the Village.
AUTHORITY UTILITY POLE: A utility pole owned or operated by an authority.
COLLOCATE OR COLLOCATION: To install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole.
COMMUNICATIONS SERVICE: Cable service, as defined in 47 USC 522(6), as amended; information service, as defined in 47 USC 153(24), as amended; telecommunications service, as defined in 47 USC 153(53), as amended; mobile service, as defined in 47 USC 153(53), as amended; or wireless service other than mobile service.
COMMUNICATIONS SERVICE PROVIDER: A cable operator, as defined in 47 USC 522(5), as amended; a provider of information service, as defined in 47 USC 153(24), as amended; a telecommunications carrier, as defined in 47 USC 153(51), as amended; or a wireless provider.
FCC: The Federal Communications Commission of the United States.
FEE: A one-time charge.
HISTORIC DISTRICT OR HISTORIC LANDMARK: A building, property, or site, or group of buildings, properties, or sites that are either: 1) listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the Federal agency to list properties and determine their eligibility for the National Register, in accordance with section VI.D.1.a.i through section VI.D.1.a.v of the Nationwide Programmatic Agreement codified at 47 CFR part 1, appendix C; or 2) designated as a locally landmarked building, property, site, or Historic District by an ordinance adopted by the authority pursuant to a preservation program that meets the requirements of the Certified Local Government Program of the Illinois State Historic Preservation Office or where such certification of the preservation program by the Illinois State Historic Preservation Office is pending.
MICRO WIRELESS FACILITY: A small wireless facility that is not larger in dimension than twenty four inches (24") in length, fifteen inches (15") in width, and twelve inches (12") in height and that has an exterior antenna, if any, no longer than eleven inches (11").
PERMIT: A written authorization required by the Village to perform an action or initiate, continue, or complete a project.
PERSON: An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization.
PUBLIC SAFETY AGENCY: The functional division of the Federal government, the State, a unit of local government, or a special purpose district located in whole or in part within this State, that provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services to respond to and manage emergency incidents.
RATE: A recurring charge.
RIGHT-OF-WAY: The area on, below, or above a public roadway, highway, street, public sidewalk, alley, or utility easement dedicated for compatible use. Right-of- way does not include Village-owned aerial lines.
SMALL WIRELESS FACILITY: A wireless facility that meets both of the following qualifications: 1) each antenna is 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; and 2) all other wireless equipment attached directly to a utility pole associated with the facility is cumulatively no more than twenty five (25) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.
UTILITY POLE: A pole or similar structure that is used in whole or in part by a communications service provider or for electric distribution, lighting, traffic control, or a similar function.
VILLAGE: Village of Woodridge.
VILLAGE UTILITY POLE: A utility pole owned or operated by the Village in public rights-of-way.
WIRELESS FACILITY: Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: 1) equipment associated with wireless communications; and 2) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. Wireless facility includes small wireless facilities. Wireless facility does not include: 1) the structure or improvements on, under, or within which the equipment is collocated; or 2) wireline backhaul facilities, coaxial or fiber optic cable that is between wireless support structures or utility poles or coaxial, or fiber optic cable that is otherwise not immediately adjacent to or directly associated with an antenna.
WIRELESS INFRASTRUCTURE PROVIDER: Any person authorized to provide telecommunications services in the State that builds or installs wireless communication transmission equipment, wireless facilities, wireless support structures, or utility poles and that is not a wireless services provider but is acting as an agent or a contractor for a wireless services provider for the application submitted to the Village.
WIRELESS PROVIDER: A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES: Any services provided to the general public, including a particular class of customers, and made available on a nondiscriminatory basis using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided using wireless facilities.
WIRELESS SERVICES PROVIDER: A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE: A freestanding structure, such as a monopole; tower, either guyed or self- supporting; billboard; or other existing or proposed structure designed to support or capable of supporting wireless facilities. Wireless support structure does not include a utility pole.
C. Requirements And Regulations:
1. Permitted Use: Small wireless facilities are permitted uses and subject to administrative review, except as provided in subsection C2e of this section regarding height exceptions or variances, but not subject to zoning review or approval if they are collocated: a) in rights-of-way in any zoning district, or b) outside rights-of-way in property zoned exclusively for commercial or industrial use.
2. Permit Required: An applicant is required to obtain one or more permits from the Village to collocate a small wireless facility. The Village shall receive and process applications, and issue permits, subject to the following requirements:
a. Public Safety Space Reservation: The Village may reserve space on authority utility poles for future public safety uses or for the Village's electric utility uses. Such reservation of space may preclude the collocation of a small wireless facility if the Village reasonably determines that the authority utility pole cannot accommodate both uses.
b. Application Form: An applicant shall submit an application, to include all required accompanying information and application fee(s), on a form created and amended from time to time, as needed and in accordance with this section and the Act, by the Village's Community Development Director or his/her designee(s).
c. Application Requirements: A wireless provider shall be required to provide the following information with its application when seeking a permit to collocate small wireless facilities on a utility pole or wireless support structure:
(1) Site specific structural integrity and, for an authority 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;
(2) 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;
(3) 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;
(4) The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility;
(5) A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved; and
(6) Certification that the collocation complies with the requirements set forth in subsection C2f of this section, to the best of the applicant's knowledge.
d. Alternate Placements: With respect to an application for the collocation of a small wireless facility associated with a new utility pole, the Village may propose that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within one hundred feet (100') 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.
The Village may require the applicant to provide a written certification describing the property rights, technical limits or material cost reasons the alternate location does not satisfy the criteria in this subsection.
e. Height Limitations: The maximum height of a small wireless facility is ten feet (10') above the utility pole or wireless support structure on which the small wireless facility is collocated.
Subject to any applicable waiver, zoning, or other process that addresses wireless provider requests for an exception or variance and does not prohibit granting of such exceptions or variances, the height of new or replacement utility poles or wireless support structures on which small wireless facilities are collocated is limited to the higher of:
(1) Ten feet (10') 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 Village, that is located within three hundred feet (300') 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 Village, provided the Village may designate which intersecting right-of-way within three hundred feet (300') of the proposed utility pole or wireless support structures shall control the height limitation for such facility; or
(2) Forty five feet (45') above ground level.
(1) The wireless provider's operation of the small wireless facilities shall not interfere with the frequencies used by a public safety agency for public safety communications.
(2) 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.
(3) 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.
(4) 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 take all reasonable steps necessary to correct and eliminate the interference, including, but not limited to, powering down the small wireless facility and later powering up the small wireless facility for intermittent testing, if necessary.
(5) The Village may terminate a permit for a small wireless facility based on the interference described in this subsection C2f if the wireless provider is not making a good faith effort to remedy the problem 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.
(6) The wireless provider shall comply with requirements that are imposed by a contract between the Village and a private property owner that concern design or construction standards applicable to utility poles and ground-mounted equipment located in the right-of-way.
(7) 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.
(8) 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.
(9) The wireless provider shall comply with generally applicable standards that are consistent with the Act and adopted by an authority for construction and public safety in the rights-of-way, including, but not limited to, reasonable and nondiscriminatory wiring and cabling requirements, grounding requirements, utility pole extension requirements, and signage limitations; and shall comply with reasonable and nondiscriminatory requirements that are consistent with the Act and adopted by an authority regulating the location, size, surface area and height of small wireless facilities, or the abandonment and removal of small wireless facilities.
(10) The wireless provider shall not collocate small wireless facilities on Village 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.
(A) However, the antenna and support equipment of the small wireless facility may be located in the communications space on the Village 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.
(B) For purposes of this subsection C2f, 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.
(11) The wireless provider shall comply with the applicable codes and local code provisions or regulations that concern public safety.
(12) The wireless provider shall comply with the following stealth, concealment, and aesthetic requirements as concerning the small wireless facilities: all materials shall be colors that blend with the surroundings of the utility pole on which the facilities are mounted; the use of reflective materials is prohibited; small wireless facility component materials must blend with the materials and colors of the surrounding area and structures; and any wiring must be covered with appropriate covers or cable shields meeting the aforementioned coloring requirements.
(13) Subject to subsection C1 of this section, and except for facilities excluded from evaluation for effects on historic properties under 47 CFR 1.1307(a)(4), the applicant shall undertake reasonable, technically feasible and non- discriminatory design or concealment measures in a Historic District or historic landmark, as follows:
(A) 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.
(B) This subsection shall not be construed to limit an authority'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 USC section 300101 et seq., and the regulations adopted to implement those laws.
g. Completeness Of Application: Within thirty (30) days after receiving an application, the Village shall determine whether the application is complete and notify the applicant accordingly. If an application is determined to be incomplete, the Village shall specifically identify the missing information. Processing deadlines are tolled from the time the Village sends the notice of incompleteness to the time the applicant provides the missing information.
h. Application Process: The Village shall process applications as follows:
(1) An application to collocate a small wireless facility on an existing utility pole or wireless support structure shall be processed on a nondiscriminatory basis and approved or denied within ninety (90) days, subject to tolling provisions herein.
(2) 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 approved or denied within one hundred twenty (120) days, subject to tolling provisions herein.
(3) If the Village determines that applicable codes, local code provisions or regulations that concern public safety, or the requirements of subsection C2f of this section require that the utility pole or wireless support structure be replaced before the requested collocation, approval may be conditioned on the replacement of the utility pole or wireless support structure at the cost of the provider.
(4) The Village shall document the basis for a denial, including the specific code provisions or application conditions on which the denial was based, and send the documentation to the applicant on or before the day the Village denies an application.
(5) The applicant may cure the deficiencies identified by the Village and resubmit the revised application once within thirty (30) days after notice of denial is sent to the applicant without paying an additional application fee. The Village shall approve or deny the revised application within thirty (30) days after the applicant resubmits the application.
(6) Any subsequent review shall be limited to the deficiencies cited in the denial. However, this revised application cure 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.
i. Tolling: The time period for applications may be further tolled by:
(1) The express agreement in writing by both the applicant and the Village; or
(2) A local, State or Federal disaster declaration or similar emergency that causes the delay.
j. Consolidated Applications: An applicant seeking to collocate small wireless facilities entirely within the jurisdiction of the Village shall be allowed, at the applicant's discretion, to file a consolidated application and receive a single permit for the collocation of up to twenty five (25) small wireless facilities if the collocations each involve substantially the same type of small wireless facility and substantially the same type of structure.
If an application includes multiple small wireless facilities, the Village 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 Village may issue separate permits for each collocation that is approved in a consolidated application.
k. Collocation Completion Deadline: Collocation for which a permit is granted shall be completed within one hundred eighty (180) days after issuance of the permit, unless the Village and the wireless provider agree to extend this period or a delay is caused by make-ready work for an authority 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 sixty (60) days after the issuance of the permit for commercial power or backhaul services, and the additional time to complete installation does not exceed three hundred sixty (360) days after issuance of the permit. Otherwise, the permit shall be void unless the Village grants an extension in writing to the applicant.
l. Duration Of Permits: The duration of a permit shall be for a period of five (5) years, and the permit shall be renewed for equivalent durations unless the Village makes a finding that the small wireless facilities or the new or modified utility pole do not comply with the applicable codes or local code provisions or regulations in subsections C2f and C2h of this section.
If the Act is repealed as provided in section 90 of the Act, renewals of permits shall be subject to the applicable Village code provisions or regulations in effect at the time of renewal.
m. Means Of Submitting Applications: Applicants shall submit applications, all supporting materials and applicable fee(s), and notices by personal delivery at the Village Hall, addressed to the attention of the Village's Community Development Director or his/her designee.
D. Application Fees: The following application fees are imposed:
1. For applications that do not include new utility poles, the application fees are as follows: Six hundred fifty dollars ($650.00) for an application to collocate a single small wireless facility on an existing utility pole or wireless support structure and three hundred fifty dollars ($350.00) for each small wireless facility addressed in an application to collocate more than one small wireless facility on existing utility poles or wireless support structures.
2. For applications that include the installation of a new utility pole, the application fee is one thousand dollars ($1,000.00) for each small wireless facility addressed in such application.
3. Notwithstanding any contrary provision of State law or local ordinance, applications pursuant to this section must be accompanied by the required application fee or the application will be deemed incomplete.
4. No application, approval, permit, fees or other charges shall be required 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 Village at least ten (10) days prior to the planned replacement and includes equipment specifications for the replacement of equipment consistent with the requirements of subsection C2c of this section; or
c. The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables that are strung between existing utility poles in compliance with applicable Safety Codes.
d. Notwithstanding the foregoing, permit to work within rights-of-way for activities that affect traffic patterns or require lane closures shall be required.
E. Exceptions To Applicability: Nothing in this section authorizes a person to collocate small wireless facilities on:
1. Property owned by a private party or property owned or controlled by the Village 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;
2. 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 property owned by a rail carrier registered under section 18c-7201 of the Illinois Vehicle Code, 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, without the consent of the rail carrier, public commuter rail service, or electric utility. The provisions of this section 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.
3. For the purposes of this section, "public utility" has the meaning given to that term in section 3-105 of the Public Utilities Act. Nothing in this section 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 section.
F. Annual Recurring Rate:
1. An annual recurring rate to collocate a small wireless facility on a Village utility pole located in a right-of-way that equals: a) two hundred dollars ($200.00) per year or b) the actual, direct, and reasonable costs related to the wireless provider's use of space on the Village utility pole, is hereby imposed.
2. Rates for collocation on Village utility poles located outside of a right-of-way are not subject to these limitations.
G. Aerial Facilities: For Village utility poles that support aerial facilities used to provide communications services or electric service, wireless providers shall comply with the process for make-ready work under 47 USC 224 and its implementing regulations.
1. A small wireless facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of the facility must remove the small wireless facility within ninety (90) days after receipt of written notice from the Village notifying the owner of the abandonment.
2. The notice shall be sent by certified or registered mail, return receipt requested, by the Village to the owner at the last known address of the owner. If the small wireless facility is not removed within ninety (90) days of such notice, the Village may remove or cause the removal of such facility pursuant to the terms of its pole attachment agreement for authority 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 the Village with written notice if it sells or transfers small wireless facilities within the jurisdictional boundary of the Village. Such notice shall include the name and contact information of the new wireless provider.
I. Indemnification, Insurance, And Severability:
1. A wireless provider shall indemnify and hold the Village harmless against any and all liability or loss from personal injury or property damage resulting from or arising out of, in whole or in part, the use or occupancy of the authority improvements or right-of-way associated with such improvements by the wireless provider or its employees, agents, or contractors arising out of the rights and privileges granted under this section and the Act. A wireless provider has no obligation to indemnify or hold harmless against any liabilities and losses as may be due to or caused by the sole negligence of the Village or its employees or agents. A wireless provider shall further waive any claims that they may have against the Village with respect to consequential, incidental, or special damages, however caused, based on the theory of liability.
2. During the period in which a wireless provider's facilities are located on the authority's improvements or rights-of-way, the wireless provider shall carry, at the wireless provider's own cost and expense, the following insurance: a) property insurance for its property's replacement cost against all risks; b) workers' compensation insurance, as required by law; and c) commercial general liability insurance with respect to its activities on the authority improvements or rights-of-way to afford minimum protection limits consistent with its requirements of other users of authority improvements or rights-of-way, including coverage for bodily injury and property damage. The wireless provider shall include the Village as an additional insured on the commercial general liability policy and provide certification and documentation of inclusion of the Village in a commercial general liability policy as reasonably required by the Village.
3. If any provision of this section or application thereof to any person or circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this section is severable. (Ord. 2019-9, 3-21-2019)