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HomeMy WebLinkAboutG45-16Ordinance No. G45 -16 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO PROVIDE FOR A NEW CHAPTER 6.95 ENTITLED 'PERSONAL WIRELESS TELECOMMUNICATION SERVICES AND FACILITIES" WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII, Section 6 of the Illinois Constitution, and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City of Elgin uses the public rights -of -way within its corporate limits to provide essential public services to its residents and businesses; and WHEREAS, the public rights -of -way within the City of Elgin are a limited public resource held in trust by the City of Elgin for the benefit of its citizens and the City of Elgin 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, utility service providers, including electricity, telephone, natural gas and cable television or video service providers have placed, or from time to time may request to place, certain facilities in the public rights -of -way and other property within the City; and WHEREAS, the City Council of the City of Elgin has previously adopted regulations in Title 13 of the Elgin Municipal Code, 1976, as amended, in order to establish generally applicable standards for construction, installation, use, maintenance and repair of utility facilities, on, over, above, along, upon, under, across, or within the public rights -of -way of the City of Elgin; and WHEREAS, growing demand for personal wireless telecommunication services has resulted in increasing requests nationwide and locally from the wireless industry to place small cell, distributed antenna systems and other personal wireless telecommunication facilities on utility and street light poles and other structures in the public rights -of way and other property; and WHEREAS, while state and federal law limit the authority of local governments to enact laws that prohibit or have the effect of prohibiting the provision of telecommunication services, the City of Elgin does have the power, under existing state and federal law, to approve appropriate regulations and restrictions relative to small cell, distributed antenna systems and other personal wireless telecommunication facility installations in the public right -of -way and other property; and WHEREAS, in light of the anticipated continuation of increased demand for placement of small cell facilities, distributed antenna system facilities and other personal wireless telecommunication facility installations with the public rights -of -way and other property, the City Council of the City of Elgin finds and determines that it is necessary and in the best interests of the public health, safety and general welfare to adopt the amendments to Title 6 of the Elgin Municipal Code, 1976, as amended, as provided herein; and WHEREAS, providing specific regulations and standards for the placement and siting of personal wireless telecommunication facilities within the public rights -of -way and other property in the City of Elgin pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 6 of the Elgin Municipal Code, 1976, as amended, entitled "Business Licenses and Regulations" be and is hereby further amended by adding a new Chapter 6.95 thereto entitled 'Personal Wireless Telecommunication Services and Facilities" to read as follows: "Chapter 6.95 Personal Wireless Telecommunication Services and Facilities 6.95.010: PURPOSE: The purpose and intent of this chapter is to: A. Provide specific regulations and standards for the placement and siting of personal wireless telecommunication services and facilities within the corporate limits of the City of Elgin. B. Minimize the adverse visual impact of wireless facilities within the corporate limits of the City. C. Facilitate the location of personal wireless telecommunication services and facilities in permitted locations within the corporate limits of the City; and D. Provide a variance process for those requests that do not meet the specific regulations and standards of this chapter so that they may be consistent with the aesthetic character of the surrounding environment. 6.95.020: DEFINITIONS: As used in this chapter, the following terms shall have the following meanings: ALTERNATIVE ANTENNA STRUCTURE: means an existing pole or other structure that can be used to support an antenna and is not a utility pole or a City owned infrastructure. Except as otherwise provided for by this chapter, the requirements for an alternative antenna structure shall be those required in Title 19 of the Elgin Municipal Code. ANTENNA: means communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services. 2 ANTENNA STRUCTURE: means any structure designed to specifically support an antenna, and/or any appurtenances mounted on such a structure. APPLICANT: includes any person or entity submitting an application to install personal wireless telecommunication facilities. CITY OWNED INFRASTRUCTURE: means infrastructure including, but not limited to, streetlights, traffic signal, towers or buildings owned, operated or maintained by the City of Elgin. DISTRIBUTED ANTENNA SYSTEM (DAS): means a network of spatially separated antenna nodes connection to a common source via a transport medium that provides wireless service within a geographic area. LANDSCAPE SCREENING: means the installation at grade of plantings, shrubbery, bushes or other foliage intended to screen the base of an antenna structure and/or ground mounted or an above ground service facility from public view. MONOPOLE: means a structure composed of a single spire, pole or tower used to support antennas or related equipment. PERSONAL WIRELESS TELECOMMUNICATION FACILITY, WIRELESS SERVICES FACILITY OR WIRELESS FACILITY: means a structure, antenna, pole, tower, equipment, accessory equipment and related improvements used, or designed to be used, to provide wireless transmission of voice, data, images, or other information including, but not limited to, cellular phone service, personal communication service, paging, and Wi -Fi service. SMALL CELL ANTENNAS: means an antenna either installed singly or as part of a network to provide coverage or enhance capacity in a limited defined area. TOWER: means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self - supporting lattice towers, guy towers, or monopole towers. Except as otherwise provided for this chapter, the requirements for a tower and associated antenna facilities shall be those required in Title 19 of the Elgin Municipal Code. UTILITY POLE: means an upright pole designed and used to support electric cables, telephone cables, telecommunication cables, cable service cables or to provide lighting, traffic control, signage or a similar function. VARIATION: means a grant of relief by the City from specific limitations of this chapter. WI -FI ANTENNA: means an antenna used to support Wi -Fi broadband Internet access service based on the IEEE 802.11 standard that typically uses unlicensed spectrum to enable communication between devices. WIRELESS FACILITY PERMIT: means a permit issued under this chapter authorizing the installation, operation, and maintenance of a personal wireless telecommunication facility including, without limitations, small cell antennas, distributed antenna systems (DAS) and Wi -Fi antennas. Except as otherwise provided for by this chapter, the procedures for the application for, approval of and revocation of such a permit shall be those required in Chapter 13.15 of the Elgin Municipal Code for facilities in the public rights -of -way and in Title 19 of this Code for facilities on other property within the City. 6.95.030: REGULATIONS AND STANDARDS: Personal wireless telecommunication facilities proposed to be located within the corporate limits of the City of Elgin shall comply with the following regulations: A. Number Limitation. Not more than one personal wireless telecommunication facility may be located on a single utility pole for the use of a single personal wireless services operator, unless authorized by the City as a variance for good cause shown pursuant to the variation requirements and standards in this chapter. B. Separation and Setback Requirements. Personal wireless telecommunication facilities may be attached to a utility pole that is located no closer than one hundred (100) feet to any residential building and no closer than five hundred (500) feet from any other personal wireless telecommunication services facility. A lesser setback may be allowed by the City Manager as a variance to this chapter when the applicant establishes that the lesser setback is necessary to close a significant coverage or capacity gap in the applicant's personal telecommunication service and the proposed antenna or facility is the least intrusive means to do so. C. City Owned Infrastructure. No personal wireless telecommunication services facility shall be mounted to City owned infrastructure including, but not limited to, streetlights, traffic signal, towers or buildings unless authorized by a license agreement between the owner and the City. D. New Monopole. Any new tower to support personal wireless telecommunication facilities shall be a monopole. The height of a new monopole or utility pole to support personal wireless telecommunication facilities shall not exceed more than fifty (50) feet above ground level. No new monopole or utility pole to support personal wireless telecommunication facilities shall be authorized unless the applicant is able to demonstrate that no lawfully preexisting antenna support structure or lawfully preexisting building or structure is available, on commercially reasonable terms, and sufficient for the location of an antenna necessary for the provision of personal wireless services. No new monopole or utility pole to support personal wireless telecommunication facilities shall be authorized unless such monopole or utility pole meets the requirements as set forth in Title 19 of the Elgin Municipal Code. E. Attachment Limitations. No such personal wireless telecommunication facility shall be attached to a utility pole, alternative support structure or City -owned infrastructure unless all of the following conditions are satisfied: 0 Surface Area of Antenna. The personal wireless service antenna, including antenna panels, whip antennas or dish shaped antennas, shall not have a surface area of more than six (6) cubic feet in volume and no single dimension exceeding seven (7) feet. Omnidirectional or whip antennas may not extend more than seven (7) feet, not including any pole extension. 2. Size of Above Ground Personal Wireless Telecommunication Services Facility. The total combined volume of all above ground equipment and appurtenances comprising a personal wireless telecommunication facility cannot exceed seventeen (17) cubic feet. 3. Personal Wireless Telecommunication Services Equipment. The operator of a personal wireless telecommunication facility shall, whenever possible, locate the base of the equipment or appurtenances at a height of no lower than eight (8) feet above grade. 4. Personal Wireless Telecommunication Services Equipment Mounted at Grade. In the event that the operator of a personal wireless telecommunication facility proposes to install a facility where equipment or appurtenances to be installed at grade, screening shall be installed to minimize the visibility of the facility. Such screening shall be natural landscaping material or a fence subject to the approval of City and shall comply with all regulations of the City. In lieu of the operator installing the screening, the City, at its sole discretion, may accept from the operator of the facility a fee of one thousand five hundred dollars ($1,500) for the acquisition and installation of screening or landscaping material by the City. Appropriate landscaping shall be located and maintained and shall provide the maximum achievable screening, as determined by the City, from view from adjoining properties and public or private streets. Notwithstanding the foregoing, no such screening is required to extend more than nine (9) feet in height. Landscaping screening when permitted in the right -of -way, shall be provided with a clearance of three (3) feet in all directions from the facility. Alternatively, for a roof mounted facility, the maximum reasonably achievable screening shall be provided between such facility and the view from adjoining properties and public or private streets. Height. A personal wireless telecommunication antenna shall not exceed more than fifty (50) feet above ground level. The top of the highest point of the antenna may not extend more than seven (7) feet above the highest point of the support structure, and the combination of the height of the support structure and the antenna extension shall not exceed fifty (50) feet. 6. Color. A personal wireless telecommunication facility and related equipment and appurtenances, shall be a color that blends with the pole, structure or infrastructure on which it is mounted and use non - reflective materials which blend with the materials and colors of the surrounding area and structures. Any wiring on the pole must be covered with an appropriate cover or cable shield. 7. Antenna Panel Covering. A personal wireless telecommunication antenna shall include a radome, cap or other antenna panel covering or shield and shall be of a color that blends with the color of the pole on which it is mounted. 8. Wiring and Cabling. Wires and cables connecting the antenna to the remainder of the facility shall be installed in accordance with the version of the National Electric Code and National Electrical Safety Code adopted by the City and in force at the time of the installation of the facility. In no event shall wiring and cabling serving the facility interfere with any wiring or cabling installed by a cable television or video service operator, electric utility or telephone utility. 9. Grounding. The personal wireless telecommunication facility shall be grounded in accordance with the requirements of the most current edition of the National Electrical Code adopted by the City and in force at the time of the installation of the facility. 10. Guy Wires. No guy or other support wires shall be used in connection with a personal wireless telecommunication facility unless the facility is proposed to be attached to an existing utility pole that incorporated guy wires prior to the date that an applicant has applied for a permit. 11. Pole Extensions. Extensions to utility poles, alternative support structure or City -owned infrastructure utilized for the purpose of connecting an antenna and its appurtenances and cabling must have a degree of strength capable of supporting the antenna and any related appurtenances and cabling and capable of withstanding wind forces and ice loads in accordance with the applicable standards set forth in the sub - section 12 below. An extension shall be securely bound to the support pole in accordance with applicable engineering standards for the design and attachment of extensions to utility poles. 12. Structural Integrity. The personal wireless telecommunication facility including the antenna, pole extension, supporting structure or pole and all related equipment shall be designed to withstand wind forces and ice loads in accordance with applicable standards established in Chapter 25 of the National Electric Safety Code for utility poles, in Section 222 -G established by the Telecommunication Industry Association (TIA) and the Electronics Industry Association (EIA) for steel wireless support structures and the applicable industry standard for other existing structures, all without the use of guy wires. For any facility attached to City owned infrastructure or any utility pole, wireless support structure or an alternative antenna structure, the operator of the facility shall provide the City with a structural evaluation of each specific location containing a recommendation that the proposed installation passes the standards described above. The evaluation shall be prepared by a professional structural engineer licensed in the State of Illinois. F. Signage. Other than signs required by federal law or regulations or identification and location markings, a personal wireless telecommunication facility shall not have signs installed thereon. G. Permission to Use Utility Pole or Alternative Antenna Structure. The operator of a personal wireless telecommunication facility shall submit to the City copies of the approval from the owner of a utility pole, or an alternative antenna structure, to mount the personal wireless telecommunication facility on that specific pole, or structure, prior to commencement of the installation. H. Licenses and Permits. The operator of a personal wireless telecommunication facility must verify to the City that of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of said facility have been obtained and shall be maintained. I. Variance Requirements. Each location of a personal wireless telecommunication facility shall meet all of the requirements of the chapter. Deviation from any one requirement subjects that particular location to the need for a variance before the installation can be approved. Variances to this chapter shall be made and shall meet all of the requirements in Section 13.15.2 10 of this Code for facilities in the public rights -of -way and in Chapter 19.70 of this Code for facilities on other property within the City. The operator of a personal wireless telecommunication facility requesting the variance shall also submit to the City evidence that the proposed facility is necessary to close a significant gap in coverage or capacity and is the least intrusive means of doing so. The operator shall also submit technical evidence or demonstration of the unavailability of alternate sites, configurations and/or coverage or capacity analysis. Abandonment and Removal. Any personal wireless telecommunication facility located within the corporate limits of the City that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of the facility shall remove same within ninety (90) days of receipt of written notice from the City notifying the owner of such abandonment. Such notice shall be sent by certified or registered mail, return receipt requested, by the City to such owner at the last known address of such owner. In the case of personal wireless telecommunication facilities attached to City owned infrastructure, or an alternative antenna structure, if such facility is not removed within ninety (90) days, the City shall remove or cause the removal of such facility through the terms of the WA applicable license agreement or through whatever actions provided by law to recover the cost. K. Governmental Wireless Telecommunication Facilities. This chapter shall not apply to wireless telecommunication facilities owned by the City or by other governmental bodies to the extent authorized in Title 19 of the Elgin Municipal Code. L. Permit Application. No person shall install or locate a personal wireless telecommunication facility, wireless service facility or wireless facility within the City without obtaining a wireless facility permit from the City Engineer therefor. Applications for a wireless facility permit shall be submitted to the City Engineer. Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this chapter shall be accompanied by a fee in the amount established in the most recent annual fee ordinance adopted by the City Council. This application fee is to reimburse the City for regulatory and administrative costs with respect to the work being performed, which costs the City represents have been or will be incurred, and is not deemed to be compensation for the use of the rights -of -way as herein defined in this chapter. No application fee is required to be paid by any telecommunications retailer that is paying the municipal telecommunications infrastructure maintenance fee pursuant to Chapter 4.38 of the Elgin Municipal Code or the optional state telecommunications infrastructure maintenance fee pursuant to the Telecommunications Municipal Infrastructure Maintenance Fee Act, or by any electricity utility that is paying the municipal electricity infrastructure maintenance fee pursuant to the Electricity Infrastructure Maintenance Fee Act. M. Permit Application Review. An application for a permit to locate personal wireless telecommunication facility, wireless services facility or wireless facility shall be subject to review to confirm that such facilities meets the standards set forth in this ordinance and other applicable City regulations, and otherwise complies with the provisions of the application process for the approval of such facilities. The City may retain an independent, qualified consultant to review any application for a permit to install a personal wireless telecommunication facility, wireless services facility or wireless facility or modification to such an existing facility. The review is intended to be a review of technical aspects of the proposed facility or modification of an existing facility and may address any or all of the following: 1. Compliance with applicable RF emission standards and determination based upon FCC Office of Engineering and Technology Bulletin in 65 (FCC OET BULLETIN 65) as amended from time to time; 2. Whether the proposed facility is necessary to close a significant gap in coverage or capacity and is the least intrusive means of doing so; 0 3. The accuracy and completeness of submission; 4. Technical demonstration of the unavailability of alternate sites or configurations and/or coverage or capacity analysis; 5. The applicability of analysis techniques and methodologies; 6. The viability of alternative sites and alternative designs; and 7. Any other specific technical issue designated by the City. The cost of the review shall be paid by the applicant through a deposit estimated to cover the cost of the independent review, as established by the City Engineer. N. Indemnity. The owner shall indemnify, defend and hold the City, its officers, agents, servants, employees, attorneys, consultants and independent contractors (the "Indemnitees ") harmless from, any and all liabilities, suits, obligations, fines, damages, penalties, claims, costs, charges and expenses (including, without limitation, reasonable attorneys' fees and disbursements), that may be imposed upon or incurred by or asserted against any of the Indemnitees arising out of the construction, otherwise arising out of or related to the personal wireless telecommunication facility. O. The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare. P. The requirements of this chapter are in addition to the regulations in Chapter 13.15 and Title 19 of this code. Where the conditions imposed by any provision of this Chapter 6.95 Personal Wireless Telecommunication Services and Facilities upon the siting and installation of personal wireless and communication services and facilities are either more restrictive or less restrictive than comparable conditions imposed by Chapter 13.15 or Title 19 or any other provision of this ordinance, or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations from Chapter 6.95 shall govern. 6.95.040: SEVERABILITY: If any provision, cause, sentence, paragraph, section or part of this chapter or application thereof to any person or circumstance, shall or any reason to be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such constitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included." 0 Section 2. That Ordinance No. G55 -15 adopted on December 16, 2015, establishing fees for various City services, permits, licenses, use of facilities and other matters, be and is hereby further amended by amending Exhibit 1 thereto by adding to the list of engineering fees listed therein the following additional permit fee: "Personal Wireless Telecommunication Services and Facilities, 2016 Application Fee $250.00 plus $250.00 for each additional location in an application." Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Davi J. Ka in, Wayor Presented: December 7, 2016 Passed December 7, 2016 Omnibus Vote: Yeas: 8 Nays: 0 ;t Recorded: December 7, 2016 Published: December 9, 2016 Attes t ;g 'a Kimberly Dewis C' Clerk 10