HomeMy WebLinkAboutG47-18 Ordinance No. G47-18
AN ORDINANCE
PROVIDING FOR THE REGULATION OF AND
APPLICATION FOR SMALL WIRELESS FACILITIES
WHEREAS, the Illinois General Assembly has recently enacted Public Act 100-0585,
known as the Small Wireless Facilities Deployment Act (the Act), which becomes effective on
June 1, 2018; and
WHEREAS, the City of Elgin (the City) is an Illinois municipality in accordance with the
Constitution of the State of Illinois of 1970; and
WHEREAS, the City is authorized, under existing State and federal law, to enact
appropriate regulations and restrictions relative to small wireless facilities, distributed antenna
systems and other personal wireless telecommunication facility installations in the public right-of-
way as long as it does not conflict with State and federal law; and
WHEREAS, the Act sets forth the requirements for the collocation of small wireless
facilities by local authorities.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the Elgin Municipal Code, 1976, as amended, be and is hereby further
amended by adding a new Chapter 6.94 thereto entitled "Small Wireless Facilities Deployment
Ordinance"to read as follows:
"Chapter 6.94
SMALL WIRELESS FACILITIES DEPLOYMENT ORDINANCE
6.94.010 PURPOSE AND SCOPE:
A. Purpose: The purpose of this Chapter is to establish regulations, standards and
procedures for the siting and collocation of small wireless facilities on rights-of-way within
the City's jurisdiction, or outside the rights-of-way on property zoned by the City
exclusively for commercial or industrial use, in a manner that is consistent with the Act.
B. Conflicts with Other Ordinances: This Chapter supersedes all ordinances or parts
of ordinances adopted prior hereto that are in conflict herewith, to the extent of such
conflict.
C. Conflicts with State and Federal Laws: In the event that applicable federal or State
laws or regulations conflict with the requirements of this Chapter, the wireless provider
shall comply with the requirements of this Chapter to the maximum extent possible without
violating federal or State laws or regulations.
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6.94.020 DEFINITIONS:
For the purposes of this Chapter,the following terms shall have the following meanings:
ANTENNA: Communications equipment that transmits or receives electromagnetic radio
frequency signals used in the provision of wireless services.
APPLICABLE CODES: 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: Any person who submits an application and is a wireless provider.
APPLICATION: A request submitted by an applicant to the City 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.
COLLOCATE OR COLLOCATION: To install, mount, maintain, modify, operate, or
replace wireless facilities on or adjacent to a wireless support structure or utility pole.
COMMUNICATIONS SERVICE: Cable service, as defined in 47 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(53),as amended;or wireless service other than mobile service.
COMMUNICATIONS SERVICE PROVIDER: 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: The Federal Communications Commission of the United States.
FEE: A one-time charge.
HISTORIC DISTRICT OR HISTORIC LANDMARK: A building, property, or site, or
group of buildings, properties, or sites that are either (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 locally landmarked building,
property, site, or historic district by an ordinance adopted by the City 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.
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LAW: A federal or State statute, common law, code, rule, regulation, order, or local
ordinance or resolution.
MICRO WIRELESS FACILITY: 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.
MUNICIPAL UTILITY POLE: A utility pole owned or operated by the City in public
rights-of-way.
PERMIT: A written authorization required by the City to perform an action or initiate,
continue, or complete a project.
PERSON: An individual, corporation, limited liability company, partnership, association,
trust, or other entity or organization.
PUBLIC SAFETY AGENCY: The functional division of the federal government, the
State, a unit of local government, or a special purpose district located in whole or in part
within this State, that provides or has authority to provide firefighting, police, ambulance,
medical, or other emergency services to respond to and manage emergency incidents.
RATE: A recurring charge.
RIGHT-OF-WAY: The area on,below,or above a public roadway,highway, street,public
sidewalk, alley, or utility easement dedicated for compatible use. Right-of-way does not
include City-owned aerial lines.
SMALL WIRELESS FACILITY: 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: 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: 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,
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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: 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 City.
WIRELESS PROVIDER: A wireless infrastructure provider or a wireless services
provider.
WIRELESS SERVICES: Any services provided to the general public, including a
particular class of customers, and made available on a nondiscriminatory basis using
licensed or unlicensed spectrum, whether at a fixed location or mobile, provided using
wireless facilities.
WIRELESS SERVICES PROVIDER: A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE: A freestanding structure, such as a monopole;
tower, either guyed or self-supporting; billboard; or other existing or proposed structure
designed to support or capable of supporting wireless facilities. Wireless support structure
does not include a utility pole.
6.94.030 REGULATION OF SMALL WIRELESS FACILITIES:
A. Permitted Use: Small wireless facilities shall be classified as permitted uses and
subject to administrative review, except as provided in subparagraph C9 hereof regarding
Height Exceptions or Variances, but not subject to zoning review or approval if they are
collocated (i) in rights-of-way in any zoning district, or (ii) outside rights-of-way in
property zoned exclusively for commercial or industrial use.
B. Permit Required: An applicant shall obtain one or more permits from the City to
collocate a small wireless facility. An application shall be received and processed, and
permits issued shall be subject to the following conditions and requirements:
1. Application Requirements: A wireless provider shall provide the following
information to the City, together with the City's Small Cell Facilities Permit
Application, as a condition of any permit application to collocate small wireless
facilities on a utility pole or wireless support structure:
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a. Site specific structural integrity and, for a municipal 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;
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. This should include a depiction of the completed facility;
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;
f. Certification that the collocation complies with the Collocation Requirements
and Conditions contained herein,to the best of the applicant's knowledge;
g. In the event that the proposed small wireless facility is to be attached to an
existing pole owned by an entity other than the City,the wireless provider shall
provide legally competent evidence of the consent of the owner of such pole to
the proposed collocation.
2. Application Process: The City shall process applications as follows:
a. The first completed application shall have priority over applications received
by different applicants for collocation on the same utility pole or wireless
support structure.
b. An application to collocate a small wireless facility on an existing utility pole
or wireless support structure, or replacement of an existing utility pole or
wireless support structure shall be processed on a nondiscriminatory basis and
shall be deemed approved if the City fails to approve or deny the application
within 90 days after the submission of a completed application.
However, if an applicant intends to proceed with the permitted activity on a
deemed approved basis, the applicant shall notify the City in writing of its
intention to invoke the deemed approved remedy no sooner than 75 days after
the submission of a completed application.
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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 City.The receipt of the deemed approved notice
shall not preclude the City's denial of the permit request within the time limits
as provided under this chapter.
c. 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 City fails to approve or deny the application within 120
days after the submission of a completed application.
However, if an applicant intends to proceed with the permitted activity on a
deemed approved basis, the applicant shall notify the City 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 City.The receipt of the deemed approved notice
shall not preclude the City's denial of the permit request within the time limits
as provided under this Chapter.
d. The City shall deny an application which does not meet the requirements of this
Chapter.
If the City determines that applicable codes, ordinances or regulations that
concern public safety, or the Collocation Requirements and Conditions
contained herein require that the utility pole or wireless support structure be
replaced before the requested collocation, approval shall be conditioned on the
replacement of the utility pole or wireless support structure at the cost of the
provider.
The City shall document the basis for a denial, including the specific code
provisions or application conditions on which the denial is based, and send the
documentation to the applicant on or before the day the City denies an
application.
The applicant may cure the deficiencies identified by the City 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 City shall approve
or deny the revised application within 30 days after the applicant resubmits the
application or it is deemed approved.Failure to resubmit the revised application
within 30 days of denial shall require the application to submit a new
application with applicable fees, and recommencement of the City's review
period.
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The applicant must notify the City in writing of its intention to proceed with the
permitted activity on a deemed approved basis, which may be submitted with
the revised application.
Any review of a revised application shall be limited to the deficiencies cited in
the denial. However,this revised application 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.
e. Pole Attachment Agreement. Within 30 days after an approved permit to
collocate a small wireless facility on a municipal utility pole, the City and the
applicant shall enter into a Master Pole Attachment Agreement,provided by the
City for the initial collocation on a municipal utility pole by the application. For
subsequent approved permits to collocate on a small wireless facility on a
municipal utility pole, the City and the applicant shall enter into a License
Supplement of the Master Pole Attachment Agreement.
3. Completeness of Application: Within 30 days after receiving an application, the
City shall determine whether the application is complete and notify the applicant.
If an application is incomplete, the City must specifically identify the missing
information. An application shall be deemed complete if the City fails to provide
notification to the applicant within 30 days after all documents, information and
fees specifically enumerated in the City's permit application form are submitted by
the applicant to the City.
Processing deadlines are tolled from the time the City sends the notice of
incompleteness to the time the applicant provides the missing information.
4. Tolling: The time period for applications may be further tolled by:
a. An express written agreement by both the applicant and the City; or
b. A local, State or federal disaster declaration or similar emergency that
causes the delay.
5. Consolidated Applications: An applicant seeking to collocate small wireless
facilities within the jurisdiction of the City 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 City may remove
small wireless facility collocations from the application and treat separately small
wireless facility collocations for which incomplete information has been provided
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or that do not qualify for consolidated treatment or that are denied. The City may
issue separate permits for each collocation that is approved in a consolidated
application.
6. Duration of Permits: 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 City
makes a finding that the small wireless facilities or the new or modified utility pole
do not comply with the applicable City codes or any provision, condition or
requirement contained in this ordinance.
If the Act is repealed as provided in Section 90 therein, renewals of permits shall
be subject to the applicable City code provisions or regulations in effect at the time
of renewal.
7. Means of Submitting Applications: Applicants shall submit applications,
supporting information and notices to the City by personal delivery to the City
Engineer for the City at 1900 Holmes Road, Elgin, Illinois 60123 by regular mail
postmarked on the date due or by any other commonly used means, including
electronic mail.
C. Collocation Requirements and Conditions:
1. Public Safety Space Reservation: The City may reserve space on municipal utility
poles for future public safety uses, for the City's electric utility uses, or both, but a
reservation of space may not preclude the collocation of a small wireless facility
unless the City reasonably determines that the municipal utility pole cannot
accommodate both uses.
2. Installation and Maintenance: The wireless provider shall install, maintain, repair
and modify its small wireless facilities in safe condition and good repair and in
compliance with the requirements and conditions of this Chapter. The wireless
provider shall ensure that its employees, agents or contracts that perform work in
connection with its small wireless facilities are adequately trained and skilled in
accordance with all applicable industry and governmental standards and
regulations.
3. No interference with public safety communication frequencies: The wireless
provider's operation of the small wireless facilities shall not interfere with the
frequencies used by a public safety agency for public safety communications.
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.
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Unacceptable interference will be determined by and measured in accordance with
industry standards and the FCC's regulations addressing unacceptable interference
to public safety spectrum or any other spectrum licensed by a public safety agency.
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 remedy the interference 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 City may terminate a permit for a small wireless facility based on such
interference if the wireless provider is not in compliance with the Code of Federal
Regulations cited in the previous paragraph. Failure to remedy the interference as
required herein shall constitute a public nuisance.
4. The wireless provider shall not collocate small wireless facilities on City 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 City 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, 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.
5. The wireless provider shall comply with all applicable codes and local code
provisions or regulations that concern public safety.
6. The wireless provider shall comply with written design standards that are generally
applicable for decorative utility poles, or reasonable stealth, concealment and
aesthetic requirements that are set forth in a City ordinance, written policy adopted
by the City, a comprehensive plan or other written design plan that applies to other
occupiers of the rights-of-way, including on a historic landmark or in a historic
district.
7. Alternate Placements: Except as provided in this Collocation Requirements and
Conditions Section, a wireless provider shall not be required to collocation small
wireless facilities on any specific utility pole, or category of utility poles, or be
required to collocate multiple antenna systems on a single utility pole. However,
with respect to an application for the collocation of a small wireless facility
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associated with a new utility pole, the City 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.
If the applicant refuses a collocation proposed by the City, the applicant shall
provide written certification describing the property rights, technical limits or
material cost reasons the alternate location does not satisfy the criteria in this
paragraph.
8. Height Limitations: The maximum height of a small wireless facility shall be no
more than 10 feet above the utility pole or wireless support structure on which the
small wireless facility is collocated.
New or replacement utility poles or wireless support structures on which small
wireless facilities are collocated may not exceed the higher of:
a. 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 City,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 City,provided the City 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
b. 45 feet above ground level.
9. Height Exceptions or Variances: If an applicant proposes a height for a new or
replacement pole in excess of the above height limitations on which the small
wireless facility is proposed for collocation,the applicant shall apply for a variance.
Variances shall be made and shall meet all the requirements in Section 13.15.210
of this Code for facilities in the public rights-of-way and in Title 19, Chapter 19.70
of this Code for facilities on other property within the City.
10. Contractual Design Requirements: The wireless provider shall comply with
requirements that are imposed by a contract between the City 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.
11. Ground-mounted Equipment Spacing: The wireless provider shall comply with
applicable spacing requirements in applicable codes and ordinances concerning the
location of ground-mounted equipment located in the right-of-way if the
requirements include a waiver, zoning or other process that addresses wireless
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provider requests for exception or variance and do not prohibit granting of such
exceptions or variances.
12. Undergrounding Regulations: The wireless provider shall comply with local code
provisions or regulations concerning undergrounding requirements that prohibit the
installation of new or the modification of existing utility poles in a right-of-way
without prior approval if the requirements include a waiver,zoning or other process
that addresses requests to install such new utility poles or modify such existing
utility poles and do not prohibit the replacement of utility poles.
13. Collocation Completion Deadline: Collocation for which a permit is granted shall
be completed within 180 days after issuance of the permit, unless the City and the
wireless provider agree to extend this period or a delay is caused by make-ready
work for a municipal 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 City
grants an extension in writing to the applicant.
D. Application Fees: Application fees are imposed as follows:
1. Applicant shall pay an application fee of $650 for an application to collocate a
single small wireless facility on an existing utility pole or wireless support structure,
and$350 for each small wireless facility addressed in a consolidated application to
collocate more than one small wireless facility on existing utility poles or wireless
support structures.
2. Applicant shall pay an application fee of $1,000 for each small wireless facility
addressed in an application that includes the installation of a new utility pole for
such collocation.
3. Notwithstanding any contrary provision of State law or local ordinance,
applications pursuant to this Section shall be accompanied by the required
application fee. Application fees shall be non-refundable.
4. The City 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:
a. routine maintenance;
b. the replacement of wireless facilities with wireless facilities that are
substantially similar, the same size, or smaller if the wireless provider
notifies the City at least 10 days prior to the planned replacement and
includes equipment specifications for the replacement of equipment
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consistent with subsection d. under the Section titled Application
Requirements; or
C. the installation,placement,maintenance,operation or replacement of micro
wireless facilities suspended on cables that are strung between existing
utility poles in compliance with applicable safety codes.
5. Wireless providers shall secure a permit from the City to work within rights-of-way
for activities that affect traffic patterns or require lane closures.
E. Exceptions to Applicability: Nothing in this Chapter authorizes a person to
collocate small wireless facilities on:
1. Property owned by a private party or property owned or controlled by the City or
another unit of local government that is not located within rights-of-way, or a
privately owned utility pole or wireless support structure without the consent of the
property owner;
2. Property owned, leased, or controlled by a park district, forest preserve district, or
conservation district for public park, recreation or conservation purposes without
the consent of the affected district, excluding the placement of facilities on rights-
of-way located in an affected district that are under the jurisdiction and control of
a different unit of local government as provided by the Illinois Highway Code; or
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 Chapter 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 Chapter shall be
construed to relieve any person from any requirement(a)to obtain a franchise or a
State-issued authorization to offer cable service or video service or (b) to obtain
any required permission to install, place, maintain, or operate communications
facilities, other than small wireless facilities subject to this Chapter.
F. Pre-Existing Agreements: Existing agreements between the City 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 City utility poles, that are in effect
on June 1, 2018, remain in effect for all small wireless facilities collocated on the City's
utility poles pursuant to applications submitted to the City before June 1, 2018, subject to
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applicable termination provisions contained therein. Agreements entered into after June 1,
2018, shall comply with this Chapter.
A wireless provider that has an existing agreement with the City on the effective date of
the Act may accept the rates, fees and terms that the City makes available under this
Chapter 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 two or more years after the effective date of the Act by notifying the City 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 City's utility poles pursuant to applications submitted to the City
before the wireless provider provides such notice and exercises its option under this
paragraph.
G. Annual Recurring Rate. A wireless provider shall pay to the City an annual
recurring rate to collocate a small wireless facility on a City 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 City utility pole.
If the City has not billed the wireless provider actual and direct costs,the fee shall be$200
payable on the first day after the first annual anniversary of the issuance of the permit or
notice of intent to collocate, and on each annual anniversary date thereafter.
H. Abandonment.A small wireless facility that is not operated for a continuous period
of 12 months shall be considered abandoned. The owner of the facility shall remove the
small wireless facility within 90 days after receipt of written notice from the City notifying
the wireless provider of the abandonment.
The notice shall be sent by certified or registered mail,return receipt requested,by the City
to the owner at the last known address of the wireless provider. If the small wireless facility
is not removed within 90 days of such notice, the City may remove or cause the removal
of such facility pursuant to the terms of its pole attachment agreement for municipal utility
poles or through whatever actions are provided for abatement of nuisances or by other law
for removal and cost recovery.
A wireless provider shall provide written notice to the City if it sells or transfers small
wireless facilities within the jurisdiction of the City. Such notice shall include the name
and contact information of the new wireless provider.
6.94.040 DISPUTE RESOLUTION:
The Circuit Court of Kane County, Illinois, shall have exclusive jurisdiction to resolve all
disputes arising under the Small Wireless Facilities Deployment Act. Pending resolution
of a dispute concerning rates for collocation of small wireless facilities on municipal utility
poles within the right-of-way,the City shall allow the collocating person to collocate on its
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poles at annual rates of no more than$200 per year per municipal utility pole,with rates to
be determined upon final resolution of the dispute.
6.94.05 0 INDEMNIFICATION:
A wireless provider shall indemnify and hold the City 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 City improvements or right-of-way associated with
such improvements by the wireless provider or its employees,agents,or contractors arising
out of the rights and privileges granted under this Chapter and the Act. A wireless provider
has no obligation to indemnify or hold harmless against any liabilities and losses as may
be due to or caused by the sole negligence of the City or its employees or agents.A wireless
provider shall further waive any claims that they may have against the City with respect to
consequential, incidental, or special damages, however caused, based on the theory of
liability.
6.94.060 INSURANCE:
The wireless provider shall 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 City
improvements or rights-of-way to afford minimum protection limits consistent with
its requirements of other users of City improvements or rights-of-way, including
coverage for bodily injury and property damage.
The wireless provider shall include the City as an additional insured on the commercial
general liability policy and provide certification and documentation of inclusion of the City
in a commercial general liability policy prior to the collocation of any wireless facility.
A wireless provider may self-insure all or a portion of the insurance coverage and limit
requirement required by the City. A wireless provider that self-insures is not required, to
the extent of the self-insurance, to comply with the requirement for the name of additional
insureds under this Section. A wireless provider that elects to self-insure shall provide to
the City evidence sufficient to demonstrate its financial ability to self-insure the insurance
coverage limits required by the City.
6.94.070 SEVERABILITY:
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If any provision of this Chapter or application thereof to any person or circumstances is
ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions
or applications of this Chapter that can be given effect without the invalid application or
provision, and each invalid provision or invalid application of this Chapter is severable."
Section 2. That Chapter 6.95 of the Elgin Municipal Code, 1976, as amended, entitled
"Personal Wireless Telecommunication Services and Facilities" be and is hereby further amended
by amending Section 6.95.010 thereof entitled "Purpose:" to read as follows:
"6.95.010 PURPOSE AND APPLICATION:
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.
E. This chapter shall not apply to applications received on or after June 1,
2018,for the deployment of small wireless facilities as defined in the Illinois
Small Wireless Facilities Deployment Act, Public Act 100-0585. Such
applications for the deployment of small wireless facilities shall be
processed pursuant to Chapter 6.94 of this code entitled the "Small Wireless
Facilities Deployment Ordinance"."
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 full force and effect from and after July 25,
2018, upon its passage and publication in the manner provided by law. Permit applications for
small wireless facilities received from on or after June 1, 2018, and prior to July 25,2018, shall be
deemed received on the effective date of this ordinance.
ir
David J. Ka in, Nfayor
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Presented: July 25, 2018
Passed: July 25, 2018 r°
Omnibus Vote: Yeas: 9 Nays: 0 `` e�• "="'
Recorded: July 25, 2018 '
Published: July 26, 2018 '' 4
ti -
Attest:
Kimberly Dewis, City Vlerk
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