HomeMy WebLinkAbout7.1 First reading or Ordinance relating to Small Cell Wireless FacilitiesAgenda Item Details
Meeting Aug 07, 2018 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m.
Category 7.NEW BUSINESS
Subject 7.11st reading cf anORDINANCE AMENDING CHAPTER 9 OFTHE VILLAGE CODE RELATIVE
TOTHE PERMITTING, REGULATION, AND DEPLOYMENT OFSMALL CELL WIRELESS
Access Publi;
Type Action
Preferred Date Aug 07, 2018
Absolute Date Aug 07, 20141*
Fiscal Impact No
Budgeted No
Budget Source Not applicable.
Recommended Action Approve an ordinance amending Chapter 9 of the Village Code "Public Utilities, Pavement
and Tree Regulations" by adding a new Article VIIIA. entitled "Small Wireless Facilities" bf,
permit, regulate, and deploy small cell wireless facilities.
Public Content
Attached with this memorandum is an Ordinance (the "Ordinance") that adds a new chapter to the Village Code in
order to regulate the permitting and deployment of small wireless facility installations consistent with the
requirements of the Small Wireless Facilities Deployment Act, P.A. 100-0585 (the "Act") signed into law by Governor
Rauner on April 12, 2018. The Act provides the regulations and process for permitting and deploying small wireless
facilities within rights-of-way and on private property throughout Illinois (excluding Chicago).
Small wireless facilities, also known as a "small cell," are most often attached to utility or other poles. Small wireless
facilities enable the transmission of data and wireless communications to and from a wireless device, such as a
computer, cell phone, tablet, or new "smart home" types of devices (thermostats, refrigerators) and even, in the near
future, driverless cars. The Act states that these small wireless facilities are critical to delivering wireless access to
advanced technology, broadband and 9-1-1 services to homes, businesses and schools in Illinois.
The telecommunications industry sought approval of the Act in order to roll out a 5G telecommunications network
over the course of the next couple of years using small wireless facility installations attached to utility and other poles
with minimal say by municipalities on where the installations are sited.
The Act provides that small wireless facilities are permitted uses in all rights-of-way, and on any property zoned
exclusively for commercial or industrial use. In these zoning districts, municipalities cannot regulate the location of
small wireless facilities. In residential zoning districts, zoning provisions apply, subject to Federal Communications
Commission timeframes for review and approval.
Notably, the Act limits the ability of local authorities to regulate the installation of small wireless facilities. It provides
for the placement of small wireless facilities on municipal utility poles (light poles, traffic signals, etc.) of a
telecommunication provider"s choosing, subject to compliance with certain basic standards regarding safety and
aesthetics, and regardless cfwhether the municipality specifically agrees to such placement.
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While the Village's authority to regulate small wireless facilities is limited by the Act, the Village can, under the Act,
. • as specified in the Ordinance:
1. Requiring permits be applied for which include specific information on:
. Structural integrity of the municipal pole to be used;
b. The location of each small cell to be installed and the surrounding small cells already
installed or proposed to be installed by a wireless carrier;
c. Specifics about the equipment, including type and model, and number of antennae to be
installed;
d. Construction schedules for installation and maintenance. NOTE: there are strict permit processing
and approval timelines contained in the Act and set forth in the Ordinance.
2. Requiring an agreement to be entered into with the Village for placement of small wireless facilities on
Village -owned poles (not Com Ed or other utility poles).
3. Imposing Collocation Requirements to:
. Require space for public safety uses;
b. Require work to be performed by a trained and skilled technician and installed in a workmanlike
manner that meets common industry standards;
c. Require that small wireless facilities not interfere with public safety uses;
d. Require compliance with certain design and stealth standards;
. Require compliance with construction standards for work in the rights of way that do not conflict
with the provisions of the Act.
4. Providing for potential alternate placing of small cells upon new poles;
. Placing height limitations on the installation of small cells on existing poles or for new poles that are
consistent with the Act, subject to a variation process for the those applicants that desire to exceed the
limitation;
6. Implementing permit fees, not to exceed the maximums provided in the Act;
7. Implementing a recurring annual rate for each small cell located upon a Village owned pole, not to
exceed $200 per year per pole;
8. Requiring indemnification protections for the Village;
. Requiring the Village be named as an additional insured and receive protections under the applicant's
insurance policies
The above-mentioned regulations have been incorporated into the attached draft ordinance.
While these regulations are not expansive and the Village is limited, even as a Home Rule unit of government, in its
powers to regulate small cells as it has in the past, it is the recommendation of staff that the Village Board adopt an
ordinance regulating these aspects (and others) as allowed by the Act.
While the Village is not required to adopt an ordinance in regards to small wireless facilities, not doing so would allow
small cell wireless providers to install these facilities with no Village oversight or notice, provided they comply with the
requirements of the Act.
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Attached is a map depicting locations of existing small cell wireless facilities as well as locations of pending facilities
currently under permit review. Also attached, are example photographs of existing small cell wireless facilities.
in I ZT M TU =- I
1. Enact an ordinance amending Chapter 9 of the Village Code to permit, regulate, and deploy small cell wireless
facilities.
2. Action at discretion of Village Board.
Staff Recommendation
Staff recommends that the Village Board pass an ordinance amending Chapter 9 of the Village Code "Public Utilities,
Pavement and Tree Regulations" by adding a new Article VIIIA entitled "Small Wireless Facilities" to permit, regulate,
ind deploy small cell wireless facilities.
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Administrative Content
AB:
Should the Small Cell Facilities Deployment Act be attached?
DONE
If small cell is placed in Residential Zoning District it would need P/Z approval. Would it P/Z approval final or VB final?
The P/Z approval process would require noticing properties within 250ft? DOESN'T NEED APPROVAL BUT
AMENDMENTS TO CHAPTER 14 MUST BE MADE, TO BE ADDRESSED AT A FUTURE MEETING.
Is there a maximum number to small cell units per pole? THEY MAKE IT SEEM LIKE YOU CAN ONLY HAVE ONE, BUT
ITS NOT CLEAR.
What prevent these small cell devices from becoming signs with respect to oversized logos being placed on them?
Answer: stealth, concealment, design and aesthetic standards,
In the future, can the Village charge to remove these small devices if they become abandoned? Answer: Section
t.815A - Abandonment.
Executive Content
Motion & Voting
Approve an ordinance amending Chapter 9 of the Village Code "Public Utilities, Pavement and Tree Regulations" by
adding a new Article VIIIA. entitled "Small Wireless Facilities" to permit, regulate, and deploy small cell wireless
facilities.
Motion by Paul Hoefert, second by Michael Zadel.
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Final Resolution: Motion Carries
Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Colleen Saccotelli, Michael Zadel
Page 4 of 4
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VILLAGE OF MOUNT PROSPECT
SMALL CELL ANTENNA LOCATIONS
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Public Act 100-0585
SB1451 Enrolled
AN ACT concerning local government.
LRB100 09256 AWJ 19412 b
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Small
Wireless Facilities Deployment Act.
Section 5. Legislative intent. Small wireless facilities
are critical to delivering wireless access to advanced
technology, broadband, and 9-1-1 services to homes,
businesses, and schools in Illinois. Because of the integral
role that the delivery of wireless technology plays in the
economic vitality of the State of Illinois and in the lives of
its citizens, the General Assembly has determined that a law
addressing the deployment of wireless technology is of vital
interest to the State. To ensure that public and private
Illinois consumers continue to benefit from these services as
soon as possible and to ensure that providers of wireless
access have a fair and predictable process for the deployment
of small wireless facilities in a manner consistent with the
character of the area in which the small wireless facilities
are deployed, the General Assembly is enacting this Act, which
specifies how local authorities may regulate the collocation of
small wireless facilities.
Public Act 100-0585
SB1451 Enrolled
LRB100 09256 AWJ 19412 b
Section 7. Applicability. This Act does not apply to a
municipality with a population of 1,000,000 or more.
Section 10. Definitions. As used in this Act:
"Antenna" means communications equipment that transmits or
receives electromagnetic radio frequency signals used in the
provision of wireless services.
"Applicable codes" means uniform building, fire,
electrical, plumbing, or mechanical codes adopted by a
recognized national code organization or local amendments to
those codes, including the National Electric Safety Code.
"Applicant" means any person who submits an application and
is a wireless provider.
"Application" means a request submitted by an applicant to
an authority 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" means 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 utility pole" means a utility pole owned or
operated by an authority in public rights-of-way.
"Collocate" or "collocation" means to install, mount,
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maintain, modify, operate, or replace wireless facilities on or
adjacent to a wireless support structure or utility pole.
"Communications service" means cable service, as defined
in 47 U.S.C. 522(6), as amended; information service, as
defined in 47 U.S.C. 153(24), as amended; telecommunications
service, as defined in 47 U.S.C. 153 (53) , as amended; mobile
service, as defined in 47 U.S.C. 153(33), as amended; or
wireless service other than mobile service.
"Communications service provider" means a cable operator,
as defined in 47 U.S.C. 522(5), as amended; a provider of
information service, as defined in 47 U.S.C. 153(24), as
amended; a telecommunications carrier, as defined in 47 U.S.C.
153 (51) , as amended; or a wireless provider.
"FCC" means the Federal Communications Commission of the
United States.
"Fee" means a one-time charge.
"Historic district" or "historic landmark" means a
building, property, or site, or group of buildings, properties,
or sites that are either (i) 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.l.a.i through
Section VI.D.l.a.v of the Nationwide Programmatic Agreement
codified at 47 CFR Part 1, Appendix C; or (ii) designated as a
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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.
"Law" means a federal or State statute, common law, code,
rule, regulation, order, or local ordinance or resolution.
"Micro wireless facility" means a small wireless facility
that is not larger in dimension than 24 inches in length, 15
inches in width, and 12 inches in height and that has an
exterior antenna, if any, no longer than 11 inches.
"Permit" means a written authorization required by an
authority to perform an action or initiate, continue, or
complete a project.
"Person" means an individual, corporation, limited
liability company, partnership, association, trust, or other
entity or organization, including an authority.
"Public safety agency" means 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" means a recurring charge.
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"Right-of-way" means 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 authority -owned aerial lines.
"Small wireless facility" means a wireless facility that
meets both of the following qualifications: (i) each antenna is
located inside an enclosure of no more than 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 6 cubic feet; and (ii) all
other wireless equipment attached directly to a utility pole
associated with the facility is cumulatively no more than 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" means 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.
"Wireless facility" means equipment at a fixed location
that enables wireless communications between user equipment
and a communications network, including: (i) equipment
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associated with wireless communications; and (ii) 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: (i) the structure or improvements on, under, or
within which the equipment is collocated; or (ii) 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" means any person
authorized to provide telecommunications service 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
authority.
"Wireless provider" means a wireless infrastructure
provider or a wireless services provider.
"Wireless services" means 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.
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"Wireless services provider" means a person who provides
wireless services.
"Wireless support structure" means 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.
Section 15. Regulation of small wireless facilities.
(a) This Section applies to activities of a wireless
provider within or outside rights-of-way.
(b) Except as provided in this Section, an authority may
not prohibit, regulate, or charge for the collocation of small
wireless facilities.
(c) Small wireless facilities shall be classified as
permitted uses and subject to administrative review in
conformance with this Act, except as provided in paragraph (5)
of subsection (d) of this Section regarding height exceptions
or variances, but not subject to zoning review or approval if
they are collocated (i) in rights-of-way in any zone, or (ii)
outside rights-of-way in property zoned exclusively for
commercial or industrial use.
(d) An authority may require an applicant to obtain one or
more permits to collocate a small wireless facility. An
authority shall receive applications for, process, and issue
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permits subject to the following requirements:
(1) An authority may not directly or indirectly require
an applicant to perform services unrelated to the
collocation for which approval is sought, such as in-kind
contributions to the authority, including reserving fiber,
conduit, or utility pole space for the authority on the
wireless provider's utility pole. An authority may reserve
space on authority utility poles for future public safety
uses or for the authority's electric utility uses, but a
reservation of space may not preclude the collocation of a
small wireless facility unless the authority reasonably
determines that the authority utility pole cannot
accommodate both uses.
(2) An applicant shall not be required to provide more
information to obtain a permit than the authority requires
of a communications service provider that is not a wireless
provider that requests to attach facilities to a structure;
however, a wireless provider may be required to provide the
following information when seeking a permit to collocate
small wireless facilities on a utility pole or wireless
support structure:
(A) 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;
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(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;
(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 paragraph (6) to the best of the applicant's
knowledge.
(3) Subject to paragraph (6), an authority may not
require the placement of small wireless facilities on any
specific utility pole, or category of utility poles, or
require multiple antenna systems on a single utility pole;
however, with respect to an application for the collocation
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of a small wireless facility associated with a new utility
pole, an authority 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 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 authority 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 paragraph
(3) .
(4) Subject to paragraph (6), an authority may not
limit the placement of small wireless facilities mounted on
a utility pole or a wireless support structure by minimum
horizontal separation distances.
(5) An authority may limit the maximum height of a
small wireless facility to 10 feet 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 authority may
limit the height of new or replacement utility poles or
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wireless support structures on which small wireless
facilities are collocated to the higher of: (i) 10 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
authority, 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 authority, provided the authority 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
(ii) 45 feet above ground level.
(6) An authority may require that:
(A) the wireless provider's operation of the small
wireless facilities does not interfere with the
frequencies used by a public safety agency for public
safety communications; 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; 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
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safety agency; 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; the authority may
terminate a permit for a small wireless facility based
on such interference 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;
(B) the wireless provider comply with requirements
that are imposed by a contract between an authority 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;
(C) the wireless provider 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
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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;
(D) the wireless provider 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;
(E) the wireless provider comply with generally
applicable standards that are consistent with this 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 this 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;
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(F) the wireless provider not collocate small
wireless facilities on authority 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;
however, the antenna and support equipment of the small
wireless facility may be located in the communications
space on the authority 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; for purposes of this
subparagraph (F), 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;
(G) the wireless provider comply with the
applicable codes and local code provisions or
regulations that concern public safety;
(H) the wireless provider comply with written
design standards that are generally applicable for
decorative utility poles, or reasonable stealth,
concealment, and aesthetic requirements that are
identified by the authority in an ordinance, written
policy adopted by the governing board of the authority,
a comprehensive plan, or other written design plan that
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applies to other occupiers of the rights-of-way,
including on a historic landmark or in a historic
district; and
(I) subject to subsection (c) of this Section, and
except for facilities excluded from evaluation for
effects on historic properties under 47 CFR
1.1307(a)(4), reasonable, technically feasible and
non-discriminatory design or concealment measures in a
historic district or historic landmark; any such
design or concealment measures, including restrictions
on a specific category of 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; this paragraph may 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 U.S.C. Section 300101 et seq., and the
regulations adopted to implement those laws.
(7) Within 30 days after receiving an application, an
authority must determine whether the application is
complete and notify the applicant. If an application is
incomplete, an authority must specifically identify the
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missing information. An application shall be deemed
complete if the authority fails to provide notification to
the applicant within 30 days after when all documents,
information, and fees specifically enumerated in the
authority's permit application form are submitted by the
applicant to the authority. Processing deadlines are
tolled from the time the authority sends the notice of
incompleteness to the time the applicant provides the
missing information.
(8) An authority shall process applications as
follows:
(A) 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 deemed approved if the
authority fails to approve or deny the application
within 90 days; however, if an applicant intends to
proceed with the permitted activity on a deemed
approved basis, the applicant must notify the
authority in writing of its intention to invoke the
deemed approved remedy no sooner than 75 days after the
submission of a completed application; 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 authority; the receipt of the deemed
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approved notice shall not preclude the authority's
denial of the permit request within the time limits as
provided under this Act; and
(B) 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 authority fails to
approve or deny the application within 120 days;
however, if an applicant intends to proceed with the
permitted activity on a deemed approved basis, the
applicant must notify the authority in writing of its
intention to invoke the deemed approved remedy no
sooner than 105 days after the submission of a
completed application; 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
authority; the receipt of the deemed approved notice
shall not preclude the authority's denial of the permit
request within the time limits as provided under this
Act.
(9) An authority shall approve an application unless
the application does not meet the requirements of this Act.
If an authority determines that applicable codes, local
code provisions or regulations that concern public safety,
or the requirements of paragraph (6) require that the
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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. The
authority must 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 authority denies an
application. The applicant may cure the deficiencies
identified by the authority 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 authority shall approve or deny the
revised application within 30 days after the applicant
resubmits the application or it is deemed approved;
however, the applicant must notify the authority in writing
of its intention to proceed with the permitted activity on
a deemed approved basis, which may be submitted with the
resubmitted application. 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.
(10) The time period for applications may be further
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tolled by:
(A) the express agreement in writing by both the
applicant and the authority; or
(B) a local, State, or federal disaster
declaration or similar emergency that causes the
delay.
(11) An applicant seeking to collocate small wireless
facilities within the jurisdiction of a single authority
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. If an application includes multiple small
wireless facilities, the authority 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 authority may issue separate permits for each
collocation that is approved in a consolidated
application.
(12) Collocation for which a permit is granted shall be
completed within 180 days after issuance of the permit,
unless the authority and the wireless provider agree to
extend this period or a delay is caused by make-ready work
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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 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
authority grants an extension in writing to the applicant.
(13) The duration of a permit shall be for a period of
not less than 5 years, and the permit shall be renewed for
equivalent durations unless the authority 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 paragraphs (6) and
(9) . If this Act is repealed as provided in Section 90,
renewals of permits shall be subject to the applicable
authority code provisions or regulations in effect at the
time of renewal.
(14) An authority may not prohibit, either expressly or
de facto, the (i) filing, receiving, or processing
applications, or (ii) issuing of permits or other
approvals, if any, for the collocation of small wireless
facilities unless there has been a local, State, or federal
disaster declaration or similar emergency that causes the
delay.
(15) Applicants shall submit applications, supporting
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information, and notices by personal delivery or as
otherwise required by the authority. An authority may
require that permits, supporting information, and notices
be submitted by personal delivery at the authority's
designated place of business, by regular mail postmarked on
the date due, or by any other commonly used means,
including electronic mail, as required by the authority.
(e) Application fees are subject to the following
requirements:
(1) An authority may charge an application fee of up to
$650 for an application to collocate a single small
wireless facility on an existing utility pole or wireless
support structure and up to $350 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) An authority may charge an application fee of
$1,000 for each small wireless facility addressed in an
application that includes the installation of a new utility
for such collocation.
(3) Notwithstanding any contrary provision of State
law or local ordinance, applications pursuant to this
Section must be accompanied by the required application
fee.
(4) Within 2 months after the effective date of this
Act, an authority shall make available application fees
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consistent with this subsection, through ordinance, or in a
written schedule of permit fees adopted by the authority.
(f) An authority 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: (i) routine maintenance; (ii) the
replacement of wireless facilities with wireless facilities
that are substantially similar, the same size, or smaller if
the wireless provider notifies the authority at least 10 days
prior to the planned replacement and includes equipment
specifications for the replacement of equipment consistent
with the requirements of subparagraph (D) of paragraph (2) of
subsection (d) of this Section; or (iii) 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. However, an authority may require a
permit to work within rights-of-way for activities that affect
traffic patterns or require lane closures.
(g) Nothing in this Act authorizes a person to collocate
small wireless facilities on: (1) property owned by a private
party or property owned or controlled by a unit of local
government that is not located within rights-of-way, subject to
subsection (j) of this Section, 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
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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 (3) 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 Act 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.
For the purposes of this subsection, "public utility" has
the meaning given to that term in Section 3-105 of the Public
Utilities Act. Nothing in this Act shall be construed to
relieve any person from any requirement (1) to obtain a
franchise or a State -issued authorization to offer cable
service or video service or (2) to obtain any required
permission to install, place, maintain, or operate
communications facilities, other than small wireless
facilities subject to this Act.
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(h) Agreements between authorities 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 authority utility poles, that are in effect on
the effective date of this Act remain in effect for all small
wireless facilities collocated on the authority's utility
poles pursuant to applications submitted to the authority
before the effective date of this Act, subject to applicable
termination provisions. Such agreements entered into after the
effective date of the Act shall comply with the Act.
(i) An authority shall allow the collocation of small
wireless facilities on authority utility poles subject to the
following:
(1) An authority may not enter into an exclusive
arrangement with any person for the right to attach small
wireless facilities to authority utility poles.
(2) The rates and fees for collocations on authority
utility poles shall be nondiscriminatory regardless of the
services provided by the collocating person.
(3 ) An authority may charge an annual recurring rate to
collocate a small wireless facility on an authority 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
authority utility pole. Rates for collocation on authority
utility poles located outside of a right-of-way are not
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subject to these limitations. In any controversy
concerning the appropriateness of a cost -based rate for an
authority utility pole located within a right-of-way, the
authority shall have the burden of proving that the rate
does not exceed the actual, direct, and reasonable costs
for the applicant's proposed use of the authority utility
pole. Nothing in this paragraph (3) prohibits a wireless
provider and an authority from mutually agreeing to an
annual recurring rate of less than $200 to collocate a
small wireless facility on an authority utility pole.
(4) Authorities or other persons owning or controlling
authority utility poles within the right-of-way shall
offer rates, fees, and other terms that comply with
subparagraphs (A) through (E) of this paragraph (4). Within
2 months after the effective date of this Act, an authority
or a person owning or controlling authority utility poles
shall make available, through ordinance or an authority
utility pole attachment agreement, license or other
agreement that makes available to wireless providers, the
rates, fees, and terms for the collocation of small
wireless facilities on authority utility poles that comply
with this Act and with subparagraphs (A) through (E) of
this paragraph (4). In the absence of such an ordinance or
agreement that complies with this Act, and until such a
compliant ordinance or agreement is adopted, wireless
providers may collocate small wireless facilities and
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install utility poles under the requirements of this Act.
(A) The rates, fees, and terms must be
nondiscriminatory, competitively neutral, and
commercially reasonable, and may address, among other
requirements, the requirements in subparagraphs (A)
through (I) of paragraph (6) of subsection (d) of this
Section; subsections (e), (i), and (k) of this Section;
Section 30; and Section 35, and must comply with this
Act.
(B) For authority 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
U.S.C. 224 and its implementing regulations, and the
authority shall follow a substantially similar process
for make-ready work except to the extent that the
timing requirements are otherwise addressed in this
Act. The good -faith estimate of the person owning or
controlling the authority utility pole for any
make-ready work necessary to enable the pole to support
the requested collocation shall include authority
utility pole replacement, if necessary.
(C) For authority utility poles that do not support
aerial facilities used to provide communications
services or electric service, the authority shall
provide a good -faith estimate for any make-ready work
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necessary to enable the authority utility pole to
support the requested collocation, including pole
replacement, if necessary, within 90 days after
receipt of a complete application. Make-ready work,
including any authority utility pole replacement,
shall be completed within 60 days of written acceptance
of the good -faith estimate by the applicant at the
wireless provider's sole cost and expense.
Alternatively, if the authority determines that
applicable codes or public safety regulations require
the authority utility pole to be replaced to support
the requested collocation, the authority may require
the wireless provider to replace the authority utility
pole at the wireless provider's sole cost and expense.
(D) The authority shall not require more
make-ready work than required to meet applicable codes
or industry standards. Make-ready work may include
work needed to accommodate additional public safety
communications needs that are identified in a
documented and approved plan for the deployment of
public safety equipment as specified in paragraph (1)
of subsection (d) of this Section and included in an
existing or preliminary authority or public service
agency budget for attachment within one year of the
application. Fees for make-ready work, including any
authority utility pole replacement, shall not exceed
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actual costs or the amount charged to communications
service providers for similar work and shall not
include any consultants' fees or expenses for
authority utility poles that do not support aerial
facilities used to provide communications services or
electric service. Make-ready work, including any pole
replacement, shall be completed within 60 days of
written acceptance of the good -faith estimate by the
wireless provider, at its sole cost and expense.
(E) A wireless provider that has an existing
agreement with the authority on the effective date of
the Act may accept the rates, fees, and terms that an
authority makes available under this Act 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 2 or more years after the
effective date of the Act as provided in this paragraph
(4) by notifying the authority 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 authority's
utility poles pursuant to applications submitted to
the authority before the wireless provider provides
such notice and exercises its option under this
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subparagraph.
(j) An authority shall authorize the collocation of small
wireless facilities on utility poles owned or controlled by the
authority that are not located within rights-of-way to the same
extent the authority currently permits access to utility poles
for other commercial projects or uses. The collocations shall
be subject to reasonable and nondiscriminatory rates, fees, and
terms as provided in an agreement between the authority and the
wireless provider.
(k) Nothing in this Section precludes an authority from
adopting reasonable rules with respect to the removal of
abandoned small wireless facilities. A small wireless facility
that is not operated for a continuous period of 12 months shall
be considered abandoned and the owner of the facility must
remove the small wireless facility within 90 days after receipt
of written notice from the authority notifying the owner of the
abandonment. The notice shall be sent by certified or
registered mail, return receipt requested, by the authority to
the owner at the last known address of the owner. If the small
wireless facility is not removed within 90 days of such notice,
the authority may remove or cause the removal of the 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. An authority may require a wireless provider
to provide written notice to the authority if it sells or
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transfers small wireless facilities subject to this Act within
the jurisdictional boundary of the authority. Such notice shall
include the name and contact information of the new wireless
provider.
(1) Nothing in this Section requires an authority to
install or maintain any specific utility pole or to continue to
install or maintain utility poles in any location if the
authority makes a non-discriminatory decision to eliminate
above -ground utility poles of a particular type generally, such
as electric utility poles, in all or a significant portion of
its geographic jurisdiction. For authority utility poles with
collocated small wireless facilities in place when an authority
makes a decision to eliminate above -ground utility poles of a
particular type generally, the authority shall either (i)
continue to maintain the authority utility pole or install and
maintain a reasonable alternative utility pole or wireless
support structure for the collocation of the small wireless
facility, or (ii) offer to sell the utility pole to the
wireless provider at a reasonable cost or allow the wireless
provider to install its own utility pole so it can maintain
service from that location.
Section 20. Local authority. Subject to this Act and
applicable federal law, an authority may continue to exercise
zoning, land use, planning, and permitting authority within its
territorial boundaries, including with respect to wireless
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support structures and utility poles; except that no authority
shall have or exercise any jurisdiction or authority over the
design, engineering, construction, installation, or operation
of any small wireless facility located in an interior structure
or upon the site of any campus, stadium, or athletic facility
not otherwise owned or controlled by the authority, other than
to comply with applicable codes and local code provisions
concerning public safety. Nothing in this Act authorizes the
State or any political subdivision, including an authority, to
require wireless facility deployment or to regulate wireless
services.
Section 25. Dispute resolution. A circuit court has
jurisdiction to resolve all disputes arising under this Act.
Pending resolution of a dispute concerning rates for
collocation of small wireless facilities on authority utility
poles within the right-of-way, the authority shall allow the
collocating person to collocate on its poles at annual rates of
no more than $200 per year per authority utility pole, with
rates to be determined upon final resolution of the dispute.
Section 30. Indemnification. A wireless provider shall
indemnify and hold an authority 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
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associated with such improvements by the wireless provider or
its employees, agents, or contractors arising out of the rights
and privileges granted under this 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 authority or its employees or agents. A
wireless provider shall further waive any claims that they may
have against an authority with respect to consequential,
incidental, or special damages, however caused, based on the
theory of liability.
Section 35. Insurance.
(a) Except for a wireless provider with an existing
franchise to occupy and operate in the rights-of-way, during
the period in which the wireless provider's facilities are
located on the authority improvements or rights-of-way, the
authority may require the wireless provider to carry, at the
wireless provider's own cost and expense, the following
insurance: (i) property insurance for its property's
replacement cost against all risks; (ii) workers' compensation
insurance, as required by law; or (iii) 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. An authority
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may require a wireless provider to include the authority as an
additional insured on the commercial general liability policy
and provide certification and documentation of inclusion of the
authority in a commercial general liability policy as
reasonably required by the authority.
(b) A wireless provider may self -insure all or a portion of
the insurance coverage and limit requirements required by an
authority. A wireless provider that self -insures is not
required, to the extent of the self-insurance, to comply with
the requirement for the naming of additional insureds under
this Section. A wireless provider that elects to self -insure
shall provide to the authority evidence sufficient to
demonstrate its financial ability to self -insure the insurance
coverage and limits required by the authority.
Section 40. Home rule. A home rule unit may not regulate
small wireless facilities in a manner inconsistent with this
Act. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
Section 90. Repeal. This Act is repealed on June 1, 2021.
Section 100. The Counties Code is amended by changing
Section 5-12001.2 as follows:
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(55 ILCS 5/5-12001.2)
Sec. 5-12001.2. Regulation of telecommunications
facilities; Lake County pilot project. In addition to any other
requirements under this Division concerning the regulation of
telecommunications facilities and except as provided by the
Small Wireless Facilities Deployment Act, the following
applies to any new telecommunications facilities in Lake County
that are not AM telecommunications towers or facilities:
(a) For every new wireless telecommunications facility
requiring a new tower structure, a telecommunications
carrier shall provide the county with documentation
consisting of the proposed location, a site plan, and an
elevation that sufficiently describes a proposed wireless
facility location.
(b) The county shall have 7 days to review the facility
proposal and contact the telecommunications carrier in
writing via e-mail or other written means as specified by
the telecommunications carrier. This written communication
shall either approve the proposed location or request a
meeting to review other possible alternative locations. If
requested, the meeting shall take place within 7 days after
the date of the written communication.
(c) At the meeting, the telecommunications carrier
shall provide the county documentation consisting of radio
frequency engineering criteria and a corresponding
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telecommunications facility search ring map, together with
documentation of the carrier's efforts to site the proposed
facility within the telecommunications facility search
ring.
(d) Within 21 days after receipt of the carrier's
documentation, the county shall propose either an
alternative site within the telecommunications facility
search ring, or an alternative site outside of the
telecommunications search ring that meets the radio
frequency engineering criteria provided by the
telecommunications carrier and that will not materially
increase the construction budget beyond what was estimated
on the original carrier proposed site.
(e) If the county's proposed alternative site meets the
radio frequency engineering criteria provided by the
telecommunications carrier, and will not materially
increase the construction budget beyond what was estimated
on the original carrier proposed site, then the
telecommunications carrier shall agree to build the
facility at the alternative location, subject to the
negotiation of a lease with commercially reasonable terms
and the obtainment of the customary building permits.
(f) If the telecommunications carrier can demonstrate
that: (i) the county's proposed alternative site does not
meet the radio frequency engineering criteria, (ii) the
county's proposed alternative site will materially
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increase the construction budget beyond what was estimated
on the original carrier proposed site, (iii) the county has
failed to provide an alternative site, or (iv) after a
period of 90 days after receipt of the alternative site,
the telecommunications carrier has failed, after acting in
good faith and with due diligence, to obtain a lease or, at
a minimum, a letter of intent to lease the alternative site
at lease rates not materially greater than the lease rate
for the original proposed site; then the carrier can
proceed to permit and construct the site under the
provisions and standards of Section 5-12001.1 of this Code.
(Source: P.A. 98-197, eff. 8-9-13; 98-756, eff. 7-16-14.)
ORDINANCE NO.
AN ORDINANCE AMENDING THE MOUNT PROSPECT VILLAGE CODE RELATIVE
TO THE PERMITTING, REGULATION AND DEPLOYMENT OF SMALL WIRELESS
FACILITIES
WHEREAS, the Village of Mount Prospect ("Village") is a municipal corporation
duly organized and existing under the laws of the State of Illinois; and
WHEREAS, the public rights-of-way within Village limits are used to provide
essential public services to Village residents and businesses. The public rights-of-way
within the Village are a limited public resource held by the Village for the benefit of its
citizens and the Village has a custodial duty to ensure that the public rights-of-way are
used, repaired and maintained in a manner that best serves the public interest; and
WHEREAS, growing demand for personal wireless telecommunications services
has resulted in increasing requests nationwide and locally from the wireless industry to
place small cell antenna facilities, distributed antenna systems, and other small wireless
telecommunication facilities on utility and street light poles and other structures both
within the public rights-of-way and in other locations; and
WHEREAS, the Village is authorized under the Illinois Municipal Code, 65 ILCS
5/1-1-1 et seq., and Illinois law to adopt ordinances pertaining to the public health, safety
and welfare; and
WHEREAS, the Village is further authorized to adopt the amendments contained
herein pursuant to its authority to regulate the public right-of-way underArticle 11, Division
80 of the Illinois Municipal Code (65 ILCS 5/11-80-1 et seq.); and
WHEREAS, the Village is authorized, under existing State and federal law, to
enact appropriate regulations and restrictions relative to small cell antenna facilities,
distributed antenna systems, and other small personal wireless telecommunication facility
installations both within the public rights-of-way and in other locations within the
jurisdiction of the Village; and
WHEREAS, Public Act 100-585, known as the Small Wireless Facilities
Deployment Act, approved by the Governor on April 12, 2018, with an effective date of
June 1, 2018, acts to impose certain additional requirements on municipalities, including
the Village, regarding the permitting, construction, deployment, regulation, operation,
maintenance, repair and removal of certain defined small wireless facilities both within
public rights-of-way and in other locations within the jurisdiction of the Village; and
WHEREAS, in conformance with the requirements of the Small Wireless Facilities
Deployment Act, and in anticipation of a continued increased demand for placement of
small wireless facilities of the type regulated by the Small Wireless Facilities Deployment
Act both within the public rights-of-way and in other locations within the jurisdiction of the
Village, the Village President and Board of Trustees finds that it is in the best interests of
the public health, safety and general welfare of the Village to adopt the code amendments
below in order to establish generally applicable standards consistent with the Small
Wireless Facilities Deployment Act (Public Act 100-585) for the design, permitting,
location, construction, deployment, regulation, operation, maintenance, repair and
removal of such small wireless facilities both within the public rights-of-way and in certain
other locations within the jurisdiction of the Village so as to, among other things: (i) prevent
interference with the facilities and operations of the Village utilities and of other utilities
lawfully located in public rights-of-way or in other locations within the Village; (ii) preserve
the character of the neighborhoods in which such small wireless facilities are installed;
(iii) minimize any adverse visual impact of small wireless facilities and prevent visual blight
in the neighborhoods in which such facilities are installed; (iv) ensure the continued safe
use and enjoyment of private properties adjacent to small wireless facilities; (v) provide
appropriate aesthetic protections to designated areas and historic landmarks or districts
within the Village; and (vi) ensure that the placement of small wireless facilities does not
negatively impact public safety and the Village's public safety technology.
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION 1: The recitals above shall be and are incorporated in this Section 1 as
if fully restated herein.
SECTION 2: The Mount Prospect Village Code, Chapter 9, "Public Utilities,
Pavement and Tree Regulations" is amended by adding a new Article VIIIA. entitled
"Small Wireless Facilities, which shall read as follows:
Article VIIIA:SMALL WIRELESS FACILITIES
§ 9.8A01 - PURPOSE
§ 9.8A02 - INTERACTION WITH OTHER CODE PROVISIONS AND LAWS
§ 9.8A03 - DEFINITIONS
§ 9.8A04 - ZONING
§ 9.8A05 - PERMITS; APPLICATION PROCESS
§ 9.8A06 - CONSTRUCTION
§ 9.8A07 - PERMIT DURATION
§ 9.8A08 - HEIGHT LIMITATIONS
§ 9.8A09 - GENERAL REQUIREMENTS
§ 9.8A10 - STEALTH, CONCEALMENT AND DESIGN STANDARDS
§ 9.8A11 - RESERVATION OF VILLAGE UTILITY POLE SPACE
§ 9.8Al2 - APPLICABILITY OF EXISTING AGREEMENTS
§ 9.8A13 - COLLOCATION ON VILLAGE OWNED INFRASTRUCTURE
§ 9.8A14 - NOTICE OF SALE OR TRANSFER
§ 9.8A15 - ABANDONMENT
§ 9.8A16 - DISPUTE RESOLUTION
§ 9.8A17 - INDEMNIFICATION
§ 9.8A18 - INSURANCE
§ 9.8A19 - MAINTENANCE OF SMALL WIRELESS FACILITIES
§ 9.8A20 - REVOCATION OF PERMIT
§ 9.8A21 - EXCEPTIONS TO APPLICABILITY
§ 9.8A01 — PURPOSE. Consistent with the requirements of the Small Wireless Facilities
Deployment Act (Public Act 100-585), and in anticipation of a continued increased
demand for placement of small wireless facilities of the type regulated by the Act both
within the public rights-of-way and in other locations within the jurisdiction of the Village,
the Village Board has found it to be in the best interests of the public health, safety and
general welfare of the Village to adopt the code amendments set forth in this chapter in
order to establish generally applicable standards for the design, permitting, location,
construction, deployment, regulation, operation, maintenance, repair and removal of such
small wireless facilities both within the public rights-of-way and in other locations within
the jurisdiction of the Village so as to, among other things:
A. Prevent interference with the facilities and operations of the Village's utilities and
of other utilities lawfully located both within public rights-of-way and in other locations
within the jurisdiction of the Village;
B. Preserve the character of the neighborhoods in which such small wireless facilities
are installed;
C. Minimize any adverse visual impact of small wireless facilities and prevent visual
blight in the neighborhoods in which such facilities are installed;
D. Ensure the continued safe use and enjoyment of private properties adjacent to
small wireless facilities;
E. Provide appropriate aesthetic protections to any designated historic landmarks or
districts within the Village; and
F. Ensure that the placement of small wireless facilities does not negatively impact
public safety and the Village's public safety technology.
§ 9.8A02 - INTERACTION WITH OTHER CODE PROVISIONS AND LAWS.
A. Other Code Provisions. The provisions of this chapter are intended to supplement
general requirements and standards relative to the siting of telecommunication facilities
and generally applicable requirements for construction within public rights-of-way set forth
elsewhere within this code, including but not limited to the regulations set forth in chapter
9, article VIII (Construction of Utility Facilities in the Rights of Way). In the event of a
conflict, however, the provisions of this chapter shall control in all matters involving small
wireless facilities, as defined below.
B. State and Federal Laws. In the event that applicable federal or State laws or
regulations conflict with the requirements of this chapter, a wireless provider shall comply
with the requirements of this chapter to the maximum extent possible without violating
such federal or State laws or regulations.
§ 9.8A03 — DEFINITIONS.
As used in this chapter, the following terms shall have the following meanings:
"Act" means the Small Wireless Facilities Deployment Act (Public Act 100-585).
"Antenna" means communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
"Applicable codes" means uniform building, fire, electrical, plumbing, or mechanical codes
adopted by a recognized national code organization or local amendments to those codes,
including the National Electric Safety Code.
"Applicant" means any person who submits an application and is a wireless provider.
"Application" means 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" means the Village or other 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.
"Collocate" or "collocation" means to install, mount, maintain, modify, operate, or replace
wireless facilities on or adjacent to a wireless support structure or utility pole, whether
existing or new.
"Communications service" means cable service, as defined in 47 U.S.C. 522(6), as
amended; information service, as defined in 47 U.S.C. 153(24), as amended;
telecommunications service, as defined in 47 U.S.C. 153(53), as amended; mobile
service, as defined in 47 U.S.C. 153(33), as amended; or wireless service other than
mobile service.
"Communications service provider" means a cable operator, as defined in 47 U.S.C.
522(5), as amended; a provider of information service, as defined in 47 U.S.C. 153(24),
as amended; a telecommunications carrier, as defined in 47 U.S.C.153(51), as amended;
or a wireless provider.
"Director of Public Works" means that person appointed as the Village's Director of Public
Works or his/her designee.
"FCC" means the Federal Communications Commission of the United States.
"Fee" means a one-time charge.
"Historic district" or "historic landmark" means a building, property, or site, or group of
buildings, properties, or sites that are either (i) 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 (ii) designated as a locally landmarked building,
property, site, or historic district by an ordinance adopted by the Village 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.
"Law" means a federal or State statute, common law, code, rule, regulation, order, or local
ordinance or resolution.
"Micro wireless facility" means a small wireless facility that is not larger in dimension than
twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in
height and that has an exterior antenna, if any, no longer than eleven (11) inches.
"Permit" means a written authorization required by the Village or other permitting authority
to perform an action or initiate, continue, or complete a project.
"Person" means an individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including an authority.
"Public safety agency" means 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.
"Public Utility" shall have the same meaning as set forth in Section 3-105 of the Public
Utilities Act, 220 ILCS 5/3-105.
"Rate" means a recurring charge.
"Right-of-way" means 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 authority -owned aerial lines.
"Small wireless facility" means a wireless facility that meets both of the following
qualifications: (i) 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 (ii) 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.
"Structural Engineer" means a person licensed under the laws of the State of Illinois to
practice structural engineering.
"Utility pole" means 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" means the Village of Mount Prospect, Cook County, Illinois.
"Village utility pole" means a utility pole owned or operated by the Village in public rights-
of-way.
"Wireless facility" means equipment at a fixed location that enables wireless
communications between user equipment and a communications network, including: (i)
equipment associated with wireless communications; and (ii) 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: (i) the structure or
improvements on, under, or within which the equipment is collocated; or (ii) 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" means any person authorized to provide
telecommunications service 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" means a wireless infrastructure provider and/or a wireless services
provider. This does not include, and expressly excludes, any person who is providing
service to or for a private niche market.
"Wireless services" means 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" means a person who provides wireless services.
"Wireless support structure" means 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.
§ 9.8A04 — ZONING. Small wireless facilities shall be classified as permitted uses and shall
not be subject to zoning review, if collocated in rights-of-way in any zoning district, or outside
rights-of-way in the following zoning districts -
B -1 Business Office District;
B-2 Neighborhood Shopping District;
B-3 Community Shopping District;
B-4 Corridor Commercial District;
O/R Office Research District;
1-1 Limited Industrial District; and
1-3 Solid Waste Handling District.
In all otherzoning districts, the Village's normal zoning approvals, processes and restrictions
shall apply, if zoning approval, processes or restrictions are required by the Village's zoning
ordinance, Chapter 14 of the Village Code.
§ 9.8A05 - PERMITS; APPLICATION PROCESS. Unless otherwise specifically
exempted in this chapter, a permit to collocate a small wireless facility within the Village
is required in all cases. Permits are subject to the following:
A. Permit Applications: Permit applications for the collocation of small wireless
facilities shall be made on a form provided by the Village for such purpose. In addition to
any generally applicable information required of other communications service providers
or for other installations in the public right-of-way, applicants must, when requesting to
collocate small wireless facilities on a utility pole or wireless support structure, provide the
following information:
1. Site specific structural integrity and, for a Village 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 digital 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. The
photographs shall include a digital photo simulation of the proposed location providing
"before and after' views demonstrating the true visual impact of the proposed wireless
facilities as on the surrounding environment;
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
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;
6. Certification that, to the best of the applicant's knowledge, the collocation
complies with the written design standards established by the Village, and with the various
other requirements set forth in this chapter and code;
7. Copies of all licenses, permits and approvals required by or from the Village
(i.e. zoning approval, where required), other agencies and units of government with
jurisdiction over the design, construction, location and operation of said small wireless
facility. The applicant shall maintain such licenses, permits and approvals in full force and
effect and provide evidence of renewal or extension thereof when granted; and
8. In the event the small wireless facility is proposed to be attached to an existing
utility pole or wireless support structure owned by an entity other than the Village, legally
competent evidence of the consent of the owner of such pole or wireless support structure
to the proposed collocation.
B. Means of Submission: Permit applications, along with all supporting information,
for the collocation of small wireless facilities shall be submitted by personal delivery or by
other means approved by the Village.
C. Multiple Applications for Same Location: Multiple applications for collocation on the
same utility pole or wireless support structure shall be processed based on a first fully
complete application, first-served basis.
D. Permit Application Fees: All applications for collocation of small wireless facilities
shall be accompanied by a nonrefundable application fee in the following amounts:
Request to collocate a small wireless
facility that includes the installation of
a new or replacement utility pole
$1,000.00
Request to collocate a single small
$650.00
wireless facility on an existing utility
pole or wireless support structure
Request to collocate multiple small
$350.00 per small wireless facility
wireless facilities on existing utility
poles or wireless support structures
addressed in a single application
E. Permit review timelines -
1 .
imelines:
1. Completeness of Application: Requests for the collocation of small wireless
facilities shall be reviewed for conformance with the requirements of the Act, this chapter,
and other applicable provisions of this code. Within thirty (30) days after receiving an
application, the Village must determine whether the application is complete and notify the
applicant. If an application is incomplete, the Village must specifically identify the missing
information. Processing deadlines are tolled from the time the Village sends a notice of
incompleteness to the time the applicant provides the missing information.
An application shall be deemed complete if the Village fails to provide notification to the
applicant within thirty (30) days of the date when all documents, information, and fees
specifically enumerated in the Village's permit application form are submitted by the
applicant to the Village.
2. Existing Pole or Wireless Support Structure: Requests for the collocation of
small wireless facilities on an existing utility pole or wireless support structure shall be
processed on a nondiscriminatory basis and either approved or denied within ninety (90)
days of submission of a completed application. A permit application shall be deemed
approved if the Village fails to approve or deny the application within ninety (90) days,
subject to the following: if an applicant intends to proceed with the permitted activity on a
deemed approved basis, the applicant shall notify the Village in writing of its intention to
invoke the deemed approved remedy no sooner than seventy-five (75) days after the
submission of a completed application. The permit shall be deemed approved on the later
of the ninetieth (90th) day after submission of the completed application, or the tenth (10th)
day after receipt of the deemed approved notice by the Village. Receipt of a deemed
approved notice by the Village shall not preclude the Village from denying the permit
within the allowed time limit.
3. New Utility Pole: Requests for the collocation of small wireless facilities that
include the installation of a new utility pole shall be processed on a nondiscriminatory
basis and either approved or denied within one hundred and twenty (120) days of
submission of a completed application. A permit application shall be deemed approved if
the Village fails to approve or deny the application within one hundred twenty (120) days,
subject to the following: if an applicant intends to proceed with the permitted activity on a
deemed approved basis, the applicant shall notify the Village in writing of its intention to
invoke the deemed approved remedy no sooner than one hundred five (105) days after
the submission of a completed application. The permit shall be deemed approved on the
later of the one hundred twentieth (120th) day after submission of the completed
application, or the tenth (10th) day after receipt of the deemed approved notice by the
Village. Receipt of a deemed approved notice by the Village shall not preclude the Village
from denying the permit within the allowed time limit.
F. Tolling: The time limitations for approval or denial of applications shall be tolled by
notice to an applicant that its application is incomplete as set forth above, upon mutual
agreement of the parties, or by a local, State or federal disaster declaration or similar
emergency that causes a delay.
G. Pole Replacement: Permit approval shall be conditioned on the replacement of a
utility pole or wireless support structure at the applicant's sole cost where such
replacement is deemed necessary for compliance with the requirements of this chapter
or code relative to the siting of small wireless facilities, or other applicable codes and
regulations that concern public safety.
H. Denial: The Village shall deny an application that does not meet the requirements
of this chapter. The reasons for any denial of a permit shall be provided in a written notice
of denial sent to the applicant, and shall include the specific code provisions or application
conditions on which the denial is based.
I. Resubmittal After Denial: In the case of a permit denial, an applicant may cure the
deficiencies identified in the notice of denial and resubmit a revised application once
within thirty (30) days after the notice of denial is sent without payment of an additional
application fee. The Village shall have thirty (30) days to approve or deny the resubmitted
application or it is deemed approved, if the applicant has notified the Village of its intention
to proceed with the permitted activity on a deemed approved basis, which notification may
be submitted with the resubmitted application. Review of a resubmitted application is
limited to the deficiencies cited in the original notice of denial. This subsection does not
apply if a revised application is not resubmitted within thirty (30) days, or curing any
deficiencies in the original application requires review of a new location, new or different
structure for collocation, new antennas, or other wireless equipment associated with the
small wireless facility. In such cases, a new application and application fee are required.
J. Consolidated Applications: Consolidated applications for small wireless facilities
for the collocation of up to twenty-five (25) small wireless facilities shall be allowed if the
collocations each involve substantially the same type of small wireless facility and
substantially the same type of structure. Each consolidated application shall provide all
the information required by this chapter for each small wireless facility at each location.
If such an application includes incomplete information for one or more small wireless
facility collocations, or includes requests for small wireless facilities that do not qualify for
consolidated treatment, or that are otherwise denied, the Village may remove such
collocation requests from the application and treat them as separate requests. Separate
permits may be issued for each collocation approved in a consolidated application.
K. Alternate Locations: If an applicant is seeking to install a new utility pole as part of its
application, the Village may propose that the small wireless facility be located on an existing
utility pole or existing wireless support structure within one hundred (100) feet of the
proposed collocation. The applicant shall accept the proposed alternate location so long as
it has the right to use the location on reasonable terms and conditions, unless the alternate
location imposes technical limits or additional material costs as determined by the applicant.
If the applicant refuses an alternate location based on the foregoing, the applicant shall
provide legally competent evidence in the form of a written certification, under oath,
describing the property rights, technical limits or material cost reasons that prevent the
alternate location from being utilized.
L. Exemptions: No application, permit approval or fee shall be required from a
communications service provider authorized to occupy the right-of-way when the work in
question is for -
1 .
or:1. Routine maintenance not requiring replacement of wireless facilities if the
wireless provider notifies the Village in writing at least forty-eight (48) hours prior to the
planned maintenance;
2. The replacement of wireless facilities with wireless facilities that are
substantially similar, the same size, or smaller if the wireless provider notifies the Village
in writing at least ten (10) days prior to the planned replacement and includes equipment
specifications, including (i) equipment type and model numbers, for the replacement of
equipment consistent with the equipment specifications information required on a permit
application for original installation; and (ii) information sufficient to establish that the
replacement is substantially similar. The wireless provider shall provide all information
necessary and requested by the Village to establish that the replacement is substantially
similar. The Village has the sole right and responsibility to determine if a proposed small
wireless facility is substantially similar to the existing small wireless facility; or
3. 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.
The foregoing shall not exempt communications service providers from Village permitting
requirements where traffic patterns are affected or lane closures are required.
§ 9.8A06 — CONSTRUCTION. Collocations for which permits are approved shall be
completed within one hundred eighty (180) days of issuance of the permit, unless the Village
agrees to extend the period or a delay is caused by make-ready work for a Village utility
pole or by the lack of commercial power or backhaul availability at the site, provided the
applicant 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. Permits that
are not completed within applicable timelines shall be void absent an extension granted in
writing by the Village.
§ 9.8A07 - PERMIT DURATION. Permits issued for small wireless facilities pursuant to this
chapter shall be for a period of five (5) years. Permits are subject to renewal at the end of
the five (5) year permit period for a successive five (5) year term so long as the installation
complies with the applicable code provisions in force at the time of renewal. A finding by the
Village at the time of a request for renewal that an installation does not comply with the
applicable code provisions in force at the time of the renewal request shall be in writing. If
the Act is repealed or found unconstitutional by a court of competent jurisdiction, all permits
granted by the Village under this chapter shall terminate at the end of their current term.
§ 9.8A08 - HEIGHT LIMITATIONS.
A. Antenna Installations: The maximum permitted height of a small wireless facility is
ten (10) feet above the utility pole or wireless support structure on which the small wireless
facility is collocated.
B. New Poles: The maximum permitted height of new or replacement utility pole or
wireless support structure on which a small wireless facility is collocated is the higher of -
1 .
f:1. Ten (10) 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, and that is located within three hundred (300) feet of the new or replacement
utility pole orwireless support structure and that is in the same right-of-way within the Village.
The Village may designate which intersecting right-of-way within three hundred (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.
C. Variance Process:
A Wireless Provider may receive a variance from the Director of Public Works or designee,
pursuant to the procedures set forth in section 9.822 of chapter 9, article VIII, from the
maximum permitted height of a new pole set forth in this section if, in addition to
demonstrating the conditions of section 9.822 have been established, the wireless provider
can establish that -
1 .
hat:
1. Because of a particular unusual condition, a particular hardship or practical
difficulty to the wireless provider would result, as distinguished from a mere inconvenience,
and such hardship or difficulty has not been created by the wireless provider; and
2. Existing utility poles or wireless support structures, or a new utility pole at the
maximum permitted height for a new pole allowed by this section cannot accommodate the
wireless facility at a height necessary to function effectively, under reasonable terms and
conditions; and
3. The use of existing utility poles or other wireless support structures, or a new
utility pole at the maximum permitted height for a new pole allowed by this section, is not
technically feasible.
§ 9.8A09 - GENERAL REQUIREMENTS.
A. Public Safety Technology: A wireless provider's operation of a small wireless
facility may not interfere with the frequencies used by a public safety agency for public
safety communications. A wireless provider must install small wireless facilities of the type
and frequency that will not cause unacceptable interference with a public safety agency's
communications equipment. Unacceptable interference is 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 licenses by a
public safety agency. 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. The Village may terminate a permit for a small wireless facility based on such
interference 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. The burden to establish the good
faith effort shall be on the wireless provider, which shall timely deliver to the Village all
information necessary to demonstrate its efforts to resolve the interference consistent
with the Code of Federal Regulations sections cited above. Failure to remedy the
interference as required herein shall constitute a public nuisance and the small wireless
facility may be abated through the procedures for abatement of such nuisances set forth
in this code.
B. A wireless provider shall not construct or maintain any wireless facility that -
1 .
hat:
way;
1. Obstructs, impedes or hinders the usual travel or public safety on a right-of-
2. Obstructs the legal use of right-of-way by utility users;
3. Violates nondiscriminatory applicable codes;
4. Violates or conflicts with chapter 9, article VIII (Construction of Utility
Facilities in the Rights of Way), or other applicable regulations set forth in this code or
otherwise adopted by the Village, except to the extent such chapters, section or
regulations may be modified by the provisions of this chapter; or
5. Violates the federal Americans with Disabilities Act of 1990 (42 U.S.C.
Section 12101 et seq.)
C. Contractual Requirements: Wireless providers shall comply with all requirements
imposed by a contract between the Village and any private property owner that concern
design or construction standards applicable to utility poles and ground -mounted equipment
located in the right-of-way.
D. Ground -Mounted Equipment: Wireless providers shall comply with the ground
mounted equipment spacing requirements within rights-of-way as set forth in chapter 9,
article VIII (Construction of Utility Facilities in the Rights of Way) of this Code.
E. Undergrounding:
1. The wireless provider shall comply with Village code provisions or regulations
concerning undergrounding requirements, if any, that prohibit the installation of new or the
modification of existing utility poles or equipment in the right-of-way.
2. A Wireless Provider may receive a variance from the Director of Public Works
or designee, pursuant to the procedures set forth in section 9.822 of chapter 9, article VIII,
to allow a small wireless facility to be located above ground in an area where Village
ordinances or regulations prohibit or restrict above ground facilities if, in addition to
demonstrating the conditions of Section 9.822 have been established, the wireless provider
can establish that:
a. Underground equipment is not technically feasible and there is no
reasonable alternative or location that is more aesthetically favorable to adjacent property
owners and to effective use and management of the right-of-way; and
b. An above ground wireless facility at the proposed location is necessary
at the proposed location to provide coverage in a specified area; and
C. An above ground wireless facility at the proposed location will not
disrupt traffic or pedestrian circulation or constitute a safety hazard; and
d. An above ground wireless facility at the proposed location will not
interfere with public safety uses or frequencies; and
e. Space exists within the public right-of-way to accommodate the above
ground wireless facility at the proposed location; and
f. An above ground wireless facility at the proposed location will not
create a safety hazard; and
g. The above ground wireless facility is located and designed in such a
way so as to minimize its visual impact on adjacent properties; and
h. In any historical area, that the above ground wireless facility will not
detrimentally affect the historical nature of the area.
3. Screening for Ground Mounted Facilities. Where a ground -mounted facility is
allowed, such equipment shall be screened around the perimeter in accordance with a
landscape plan sealed by a professional landscape engineer. Plant materials shall include
a mixture of deciduous and coniferous planting materials. The owner or wireless provider
shall be responsible for maintenance of all landscaping as provided in the approved
landscape plan.
4. Future Undergrounding: The Village may, from time to time, make a decision
to eliminate above -ground utility poles of a particular type generally, such as electric utility
poles, in all or a significant portion of the Village. In the event that such a utility pole has a
collocated small wireless facility in place at the time of such a decision, the Village shall
either:
a. Continue to maintain the utility pole, or install and maintain a
reasonable utility pole or wireless support structure for the collocation of the small wireless
facility; or
b. Offer to sell the utility pole to the wireless provider at a reasonable cost,
or allow the wireless provider to install its own utility pole so it can maintain service from that
location.
F. Collocation Limits: Wireless providers 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.
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.
For purposes of this subsection, 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.
G. Code Compliance: Wireless providers shall comply with applicable codes and local
code provisions or regulations that concern public safety.
§ 9.8A10 - STEALTH, CONCEALMENT AND DESIGN STANDARDS. Every wireless
facility installation shall comply with the following standards:
A. General Stealth, Concealment, Design and Aesthetic Standards: Installations
shall comply with any stealth, concealment, design and aesthetic standards applicable to
utility installations in the public right-of-way, as set forth in this code, as well as any written
design standards that are generally applicable for decorative utility poles, or reasonable
stealth, concealment, design and aesthetic requirements that are otherwise identified by the
Village in an ordinance, written policy adopted by the Village Board of Trustees, in the
Village's comprehensive plan, or in a written design plan that applies to other occupiers of
the rights-of-way, including on a historic landmark or in a historic district.
B. Historic Districts and Landmarks: For areas designated as historic districts, or on
buildings or structures designated as national historic landmarks or historic landmarks
pursuant to this code, in addition to the stealth, concealment, design and aesthetic
requirements referenced above, the following additional restrictions/conditions apply to the
installation of small wireless facilities -
1 .
acilities:
1. Small wireless facilities shall be comprised of materials that are consistent
with the surrounding elements so as to be concealed or 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 comply with any design standards adopted by
the Village.
C. Limitations -
1 .
imitations:
1. Any stealth, concealment, design and aesthetic standards, including
restrictions on a specific category of utility poles, may not have the effect of prohibiting any
provider's technology. Such stealth, concealment, design and aesthetic 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 subsection shall not be construed to limit the Village'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.
§ 9.8A11 - RESERVATION OF VILLAGE UTILITY POLE SPACE. The Village may
reserve space on Village -owned utility poles for future public safety uses or for Village
electric utility uses. Such reservation may preclude collocation of small wireless facilities if
the Village reasonably determines that the Village's utility pole cannot accommodate both
uses.
§ 9.8Al2 - APPLICABILITY OF EXISTING AGREEMENTS.
A. Existing Installations: Subject to any applicable termination provisions, where an
existing agreement is in place between the Village and a wireless provider relating to the
collocation of small wireless facilities on Village utility poles on June 1, 2018, such
agreement shall remain in effect for all small wireless facilities collocated on the Village's
utility poles pursuant to applications submitted prior to June 1, 2018.
B. Applications Received Between June 1, 2018 and June 1, 2020: Subject to any
applicable termination provisions, where an existing agreement is in place between the
Village and a wireless provider relating to the collocation of small wireless facilities on Village
utility poles on June 1, 2018, such agreement shall remain in effect for all small wireless
facilities collocated on the Village's utility poles pursuant to applications submitted after June
1, 2018, but prior to June 1, 2020, until June 1, 2020 or receipt by the Village from the
wireless provider of a notice that it is opting to accept the rates, fees and terms of this chapter
and the Act received after June 1, 2020, whichever is later.
C. Applications Received After June 1, 2020: Subject to any applicable termination
provisions, where an existing agreement is in place between the Village and a wireless
provider relating to the collocation of small wireless facilities on Village utility poles on June
1, 2018, such agreement shall remain in effect for all small wireless facilities collocated on
the Village's utility poles pursuant to applications submitted after June 1, 2020, until receipt
by the Village of a notice from the wireless provider that it is accepting the rates, fees, terms
and conditions of this chapter.
§ 9.8A13 - COLLOCATION ON VILLAGE OWNED INFRASTRUCTURE.
A. Fee: The annual fee to collocate a small wireless facility on a Village -owned utility
pole located in a right-of-way shall be the higher of -
1 .
f:
1. $200/year per small wireless facility; or
2. The actual, direct, and reasonable costs related to the wireless providers use
of space on the pole.
B. Exception: Small wireless facilities collocated on Village -owned utility poles located
outside of public right-of-way are not subject to the rate limitations in this section.
C. Attachment Agreement: An attachment agreement in a form approved by the Village
is required for any collocation upon any Village owned utility pole or wireless support
structure.
§ 9.8A14 - NOTICE OF SALE OR TRANSFER. A wireless provider shall, prior to any sale
or transfer of ownership or control of a small wireless facility located within the jurisdiction of
the Village, provide written notice to the Village of such sale or transfer of control. Such
notice shall include the name and contact information of the new wireless provider.
§ 9.8A15 — ABANDONMENT.
A. 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 shall remove the small
wireless facility within ninety (90) days after receipt of written notice from the Village notifying
it of the abandonment. The notice shall be sent by certified or registered mail, return receipt
requested, by the Village to the owner at its last known address. If the small wireless facility
is not removed within ninety (90) days after receipt of such notice, such wireless facility shall
be deemed to be a nuisance and the Village may remove or cause the removal of such
facility, and recover or place a lien for its costs, pursuant to the terms of its pole attachment
or other agreement for Village utility poles or through the procedures for abatement of
nuisances set forth in this code.
B. In the event the Village suspects that the wireless provider is no longer using the
small wireless facilities to provide wireless service, it may send the wireless provider written
notice that requires the wireless provider to remove the small wireless facility or provide
proof that the small wireless facility is operational and still being used within thirty (30) days,
and informs the wireless provider that failure to provide proof or to remove the small wireless
facility will result in the Village removing the small wireless facility at the wireless provider's
cost.
§ 9.8A16 - DISPUTE RESOLUTION.
The Circuit Court of Cook County shall have exclusive jurisdiction to resolve all disputes
arising under the Act. Pending resolution of a dispute concerning rates for collocation of
small wireless facilities on Village utility poles within the right-of-way, the Village shall allow
the collocating person to collocate on its poles at annual rates of no more than $200 per
year per pole, with rates to be determined upon final resolution of the dispute.
§ 9.8A17 — INDEMNIFICATION. Other than for liabilities and losses due to or caused by
the sole negligence of the Village or its employees or agents, 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 Village infrastructure or improvements, or right-of-way associated with
such infrastructure or improvements by the wireless provider or its employees, agents, or
contractors arising out of the rights and privileges granted under this chapter and the Act. A
wireless provider proceeding under this chapter waives any claims it may have against the
Village with respect to consequential, incidental, or special damages, however caused,
based on the theory of liability.
§ 9.8A18 — INSURANCE. At all times during the period in which a wireless provider's
facilities are located on Village infrastructure, improvements or in right-of-way, the wireless
provider shall, at its own sole cost and expense, carry the following insurance coverages:
A. Property insurance for its property's replacement cost against all risks;
B. Workers' Compensation insurance within statutory limits as required by law; and
C. Commercial general liability insurance with respect to its activities on the Village
infrastructure, improvements or rights-of-way, including coverage for bodily injury and
property damage, with limits not less than -
1 .
han:
1. Five million dollars ($5,000,000) for bodily injury or death to each person;
2. Five million dollars ($5,000,000) for property damage resulting from any one
accident; and
3. Five million dollars ($5,000,000) for all other types of liability.
The wireless provider shall include the Village as an additional insured on the commercial
general liability policy and shall provide certificates of insurance and proof of inclusion of
the Village in a commercial general liability policy to the Village prior to the collocation of
any wireless facility, and shall keep updated certificates and proof of inclusion on file with
the Village at all times that the provider maintains small wireless facilities within the
Village.
D. A wireless provider may self -insure all or a portion of the insurance coverage and
limits required by the Village. A wireless provider that self -insures is not required, to the
extent of the self-insurance, to comply with the requirement that the Village be named an
additional insured. A wireless provider that self -insures shall provide to the Village
evidence sufficient to demonstrate its financial ability to self -insure the insurance limits
required by the Village.
§ 9.8A19 - MAINTENANCE OF SMALL WIRELESS FACILITIES.
A. A wireless provider shall maintain all small wireless facilities installed within the
Village in a condition that maintains the safety, integrity and aesthetics of such facilities.
Small wireless facilities shall not appear to be unkempt. In the event of a failure to properly
maintain such facilities, the Village shall notify the wireless provider, in writing, who shall
have thirty (30) days to correct the identified maintenance violation. If not corrected within
such period, the Village reserves the right to take such action as it deems necessary,
including revocation of the permit. Maintenance and replacement of small wireless facilities
shall be performed by the wireless provider at the wireless provider's sole cost and expense.
B. In the event of an emergency involving an imminent threat to life or property, the
Village may take corrective action to eliminate such emergency at the wireless provider's
expense.
§ 9.8A20 - REVOCATION OF PERMIT.
A. A permit to collocate a wireless facility may be revoked for one or more of the
following reasons -
1 .
easons:
1. The wireless provider obtained approval by means of fraud or made a
misrepresentation of a material fact with respect to the permit application, or any required
documentation or submittal.
2. The wireless provider failed to construct the small wireless facility in
accordance with the approved plans.
3. The wireless provider failed to comply within any material condition of a
permit issued.
4. The wireless provider substantially expanded or altered the use or the
structure of the small wireless facility beyond what was requested in the permit application
or approved, without the approval of the Village.
5. The wireless provider failed to notify the Village of the replacement of small
wireless facilities as required by this chapter.
6. A substantial change of law has occurred affecting the wireless provider's
authority to occupy or use the property upon which the small wireless facility is located.
7. The small wireless facility interferes with vehicular or pedestrian use of the
public right of way.
8. The wireless provider has failed to make a safe and timely restoration of the
right-of-way or the property upon which the small wireless facility is located.
9. The wireless provider has failed to properly maintain the wireless facility as
required by this chapter.
10. The wireless provider has failed to abate interference with public safety
communications 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.
11. The small wireless facility has been abandoned and the wireless provider
has failed to remove the wireless facilities as provided in this chapter.
B. Written notification of the permit revocation shall be sent by certified mail or shall
be personally delivered to the wireless provider setting forth the basis for the revocation.
The wireless provider shall, within fourteen (14) days of the notice of revocation, file a
written response with the Director of Public Works or designee setting forth the reasons
why the permit should not be revoked along with such evidence in opposition to the
revocation as the wireless provider determines necessary. Failure to file a response with
the Director of Public Works or designee shall be deemed an admission of the facts set
forth in the notification of written notification and shall result in automatic revocation of the
permit. The Director or Public Works or designee shall render findings and a decision
within twenty-one (21) days of the date of receipt of the wireless provider's response, if
any.
C. If the Director of Public Works or designee revokes the permit, the wireless
provider may file a written notice of appeal with the Village Clerk within twenty-one (21)
days of notification of the permit revocation. Such notice shall contain a response to the
decision of the Director or Public Works or designee. The Village Board shall hear the
revocation appeal and render a decision on such appeal.
§ 9.8A21 - EXCEPTIONS TO APPLICABILITY. This chapter does not apply to the
collocation of small wireless facilities on:
A. Property owned by a private party;
B. Property owned or controlled by a unit of local government that is not located within
rights-of-way (local governments are, however, required to authorize the collocation of small
wireless facilities on utility poles owned or controlled by the local government or located
within rights-of-way to the same extent the local government permits access to utility poles
for other commercial projects or uses);
C. A privately -owned utility pole or wireless support structure, without the consent of the
property owner;
D. 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 (605 ILCS 5/1-101 et seq.);
E. Property owned by a rail carrier registered under Section 18c-7201 of the Illinois
Vehicle Code (625 ILCS 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 (220
ILCS 5/16-102), without the consent of the rail carrier, public commuter rail service, or
electric utility;
F. Facilities of 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; or
G. Small wireless facilities owned by the Village.
SECTION 3: The Mount Prospect Village Code, Chapter 14, "Zoning", Article III,
"General Provisions", Section 14.313, "Regulations for Personal Wireless Service Facilities"
is hereby repealed.
SECTION 4: All ordinances or parts of ordinances in conflict with this Ordinance
are hereby expressly repealed.
SECTION 5: Except as to the Code amendments set forth above in this
Ordinance, all chapters and sections of the Village Code, as amended, shall remain in full
force and effect.
SECTION 6: Each section, paragraph, clause and provision of this Ordinance is
separable, and if any provision is held unconstitutional or invalid for any reason, such
decision shall not affect the remainder of this Ordinance, nor any part thereof, other than
that part affected by such decision.
SECTION 7: This Ordinance shall be in full force and effect after its passage,
approval and publication in pamphlet form as provided by law.
ADOPTED this day of
vote as follows -
7
AYES:
2018, pursuant to a roll call
NAYS:
ABSENT:
APPROVED by me this day of
to by the Village Clerk this same day.
ATTEST:
VILLAGE CLERK
, 2018, and attested
VILLAGE PRESIDENT
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
CLERK'S CERTIFICATE
I, Karen Agoranos, Clerk of the Village of Mount Prospect, in the County of Cook
and State of Illinois, do hereby certify that the attached and foregoing is a true and correct
copy of that certain Ordinance now on file in my Office, entitled:
ORDINANCE NO.
AN ORDINANCE AMENDING THE MOUNT PROSPECT VILLAGE CODE RELATIVE
TO THE PERMITTING, REGULATION AND DEPLOYMENT OF SMALL WIRELESS
FACILITIES
which Ordinance was passed by the Board of Trustees of the Village of Mount Prospect
at a Regular Village Board Meeting on the day of , 2018, at which
meeting a quorum was present, and approved by the President of the Village of Mount
Prospect on the day of , 2018.
I further certify that the vote on the question of the passage of said Ordinance by
the Board of Trustees of the Village of Mount Prospect was taken by Ayes and Nays and
recorded in the minutes of the Board of Trustees of the Village of Mount Prospect, and
that the result of said vote was as follows, to -wit -
AYES:
NAYS:
ABSENT:
I do further certify that the original Ordinance, of which the foregoing is a true copy,
is entrusted to my care for safekeeping, and that I am the lawful keeper of the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Village of Mount Prospect, this day of , 2018.
Village Clerk
[SEAL]