2018-07-16 - Ordinance 2018-036 - PROVIDING FOR REULATION AND APPLICATION FOR SMALL WIRELESS FACILITIESUnderlined = additions
July 3, 2018
DM#718065
ND#4810-8933-3100 v.1
ORDINANCE NO. 2018 - 036
AN ORDINANCE PROVIDING FOR THE REGULATION OF AND APPLICATION
FOR SMALL WIRELESS FACILITIES
WHEREAS, the Village of Buffalo Grove ("Village") is a home rule municipality as provided
in Article VII, Section 6 of the Constitution of the State of Illinois, 1970, and may pursuant to said
authority undertake any action and adopt any ordinance relating to its governance and affairs; and
WHEREAS, the Illinois General Assembly has recently enacted Public Act 100-0585,
known as the Small Wireless Facilities Deployment Act ("Act"), which became effective on June
1, 2018; and
WHEREAS, the Village is authorized to regulate 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 and in areas outside of 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 PRESIDENT AND BOARD OF
TRUSTEES of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows:
SECTION 1: The foregoing findings and recitals, and each of them, are hereby adopted as
Section 1 of this Ordinance and are incorporated by reference as if set forth verbatim herein.
SECTION 2: The Buffalo Grove Municipal Code, as amended, is further amended by
adding thereto Chapter 12.06, Regulation of and Application For Small Wireless Facilities as
follows:
Chapter 12.06
REGULATION OF AND APPLICATION FOR SMALL WIRELESS FACILITIES
Sections:
12.06.010
Purpose and Scope
12.06.020
Definitions
12.06.030
Small Wireless Facilities
12.06.040
Dispute Resolution
12.06.050
Indemnification
12.06.060
Insurance
12.06.070
Severability
12.06.010 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
Village's jurisdiction, in a manner that is consistent the Act.
B. Conflicts with Other Ordinances. This Chapter supersedes all Ordinances or parts of
Ordinances adopted prior hereto, including but not by way of limitation Chapter 12.04
(Construction and Use of Public Ways) and Chapter 17.34 (Telecommunication Facilities) 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.
12.06.020 DEFINITIONS.
A. For purposes of this Ordinance, 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.
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2. 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.
3. Applicant — any person who submits an application and is a wireless provider.
4. Application — 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.
Collocate or collocation — to install, mount, maintain, modify, operate, or replace
wireless facilities on or adjacent to a wireless support structure or utility pole.
6. 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.
7. 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.
8. FCC — the Federal Communications Commission of the United States.
9. Fee — a one-time charge.
10. 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 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.
11. Law — a federal or State statute, common law, code, rule, regulation, order, or local
ordinance or resolution.
12. 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.
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13. Municipal utility pole — a utility pole owned or operated by the Village in public
rights -of -way.
14. Permit — a written authorization required by the Village to perform an action or
initiate, continue, or complete a project.
15. Person — an individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization.
16. 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.
17. Rate — a recurring charge.
18. Right-of-way — the area on, below, or above a public roadway, highway, street, public
sidewalk, alley, or utility easement dedicated for compatible use. Right-of-way does
not include Village -owned aerial lines.
19. 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.
20. 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.
21. 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, 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.
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22. 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 Village.
23. Wireless provider — a wireless infrastructure provider or a wireless services provider.
24. 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.
25. Wireless services provider — a person who provides wireless services.
26. 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.
12.06.030 SMALL WIRELESS FACILITIES.
A. Permitted Use. Small wireless facilities shall be classified as permitted uses and subject
to administrative review, except as provided in Section C.9. 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 B1, B2, B3, B4, B5, and I Zoning Districts of the Village.
B. Permit Required. An applicant shall obtain one or more permits from the Village 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:
Application Requirements. A wireless provider shall provide the following
information to the Village, together with the Village's Small Wireless Facilities
Permit Application, as a condition of any permit application to collocate small
wireless facilities on a utility pole or wireless support structure:
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;
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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. Emergency contact information of the application and installation contractor
which shall include at a minimum a cellular phone number, email address and
mailing address.
g. Certification that the collocation complies with the Collocation Requirements
and Conditions contained herein, to the best of the applicant's knowledge.
h. In the event that the proposed small wireless facility is to be attached to an
existing pole owned by an entity other than the Village, 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 Village 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 Village 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 Village 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 IOth day after the receipt of the
deemed approved notice by the Village. The receipt of the deemed approved
notice shall not preclude the Village's denial of the permit request within the
time limits as provided under this Chapter.
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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 Village 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 Village 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 1 Oth day after the receipt of the
deemed approved notice by the Village. The receipt of the deemed approved
notice shall not preclude the Village's denial of the permit request within the
time limits as provided within this Chapter.
d. The Village shall deny an application that does not meet the requirements of
this Chapter.
If the Village 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 Village 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 Village denies an
application.
The applicant may cure the deficiencies identified by the Village 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 Village 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 applicant to
submit a new application with applicable fees, and recommencement of the
Village's review period.
The applicant must notify the Village 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
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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.
Pole Attachment Agreement. Within 30 days after an approved permit to
collocate a small wireless facility on a municipal utility pole, the Village and
the application shall enter in a Master Pole Attachment Agreement, provided
by the Village for the initial collocation on a municipal utility pole by the
applicant. For subsequent approved permits to collocate on a small wireless
facility on a municipal utility pole, the Village and the applicant shall enter in
a License Supplement of the Master Pole Attachment Agreement. The
Village Manager, or his designee, is hereby authorized to enter into such an
Agreement and License on behalf of the Village.
3. Completeness of Application. Within 30 days after receiving an application, the
Village shall determine whether the application is complete and notify the applicant.
If an application is incomplete, the Village must specifically identify the missing
information. An application shall be deemed complete if the Village fails to provide
notification to the applicant within 30 days after all documents, information and fees
specifically enumerated in the Village's permit application form are submitted by the
applicant to the Village.
Processing deadlines are tolled from the time the Village sends the notice of
incompleteness to the time the application provided 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 Village; 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 Village shall be allowed, at the applicant's discretion, to
file a consolidated application and receive a single permit for the collocation of up to
25 small wireless facilities if the collocations each involve substantially the same type
of small wireless facility and substantially the same type of structure.
If an application includes multiple small wireless facilities, the Village may remove
small wireless facility collocations from the application and treat separately small
wireless facility collocations for which incomplete information has been provided or
that do not qualify for consolidated treatment or that are denied. The Village may
issue separate permits for each collocation that is approved in a consolidated
application.
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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 Village
makes a finding that the small wireless facilities or the new or modified utility pole
do not comply with the applicable Village codes or any provision, condition or
requirement contained in this Chapter.
If the Act is repealed as provided in Section 90 therein, renewals of permits shall be
subject to the applicable Village 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 Village by personal delivery to the Village's
Engineering Department, by regular mail postmarked on the date due or by another
other commonly used means, including electronic mail or by another method as
otherwise required by the Village.
C. Collocation Requirements and Conditions.
1. Public Safety Space Reservation. The Village may reserve space on municipal utility
poles for future public safety uses, for the Village's electric utility uses, or both, but a
reservation of space may not preclude the collocation of a small wireless facility
unless the Village 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 a 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.
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
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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 Village 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 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 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 the Village's 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 collocate 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 associated
with a new utility pole, the Village may propose that the small wireless facility be
collocated on an existing utility pole or existing wireless support structure within 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.
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If the applicant refuses a collocation proposed by the Village, 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 Village, 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 Village, provided the
Village 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 on Rights -of -way. If an applicant proposes a height
for a new or replacement pole, located within the Village's right-of-way, in excess of
the above height limitations on which the small wireless facility is proposed for
collocation, the applicant shall apply for a Variance in conformance with procedures,
terms and conditions set forth in the Village's Zoning Ordinance.
10. Height Exceptions or Variances on Property Outside of Rights -of -way. If an applicant
proposes a height for a new or replacement pole, located on property that is not within
a Right-of-way located in the Village, in excess of the above height limitations on
which the small wireless facility is proposed for collocation, the applicant shall apply
for a Variation in conformance with procedures, terms and conditions set forth in
Village's Zoning Ordinance.
11. Contractual Design Requirements. The wireless provider shall comply with
requirements that are imposed by a contract between the Village and a private
property owner that concern design or construction standards applicable to utility
poles and ground -mounted equipment located in the right-of-way.
12. Ground -mounted Equipment Spacing. The wireless provider shall comply with
applicable spacing requirements in applicable codes and this Chapter concerning the
location of ground -mounted equipment located in the right-of-way if the requirements
include a waiver, zoning or other process that addresses wireless provider requests for
exception or variance and do not prohibit granting of such exceptions or variances.
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13. 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.
14. Collocation Completion Deadline. Collocation for which a permit is granted shall be
completed within 180 days after issuance of the permit, unless the Village and the
wireless provider agree to extend this period or a delay is caused by make-ready work
for 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 Village
grants an extension in writing to the applicant.
D. Application Fees. Application fees are imposed as follows:
1. The applicant shall pay an application fee as set forth in Chapter 1.16 of this Code
for an application to collocate a single small wireless facility on an existing utility
pole or wireless support structure and the fee as set forth in Chapter 1.16 of this Code
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.The applicant shall pay an application fee as set forth in Chapter 1.16 of this Code
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 Village 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 Village at least 10 days prior to the planned replacement and includes
equipment specifications for the replacement of equipment consistent with
subsection d. under the Section title Application Requirements; or
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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 Village 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 Village
or another unit of local government that is not located within rights -of -way, or a
privately owned utility pole or wireless support structure without the consent of the
property owner;
2.property owned, leased, or controlled by a park district, forest preserve district, or
conservation district for public park, recreation, or conservation purposes without the
consent of the affected district, excluding the placement of facilities on rights -of -way
located in an affected district that are under the jurisdiction and control of a different
unit of local government as provided by the Illinois Highway Code; or
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 Ordinance 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 Village 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 June 1, 2018, remain in effect for all small wireless facilities collocated on the
Village's utility poles pursuant to applications submitted to the Village before June 1,
2018, subject to applicable termination provisions contained therein. Agreement entered
into after June 1, 2018, shall comply with this Chapter.
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A wireless provider that has an existing agreement with the Village on the effective date
of the Act may accept the rates, fees and terms that the Village 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 Village
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 Village's utility poles pursuant to applications submitted to
the Village before the wireless provider provides such notice and exercises its option
under this Section.
G. Annual Recurring Rate. A wireless provider shall pay to the Village an annual recurring
rate to collocate a small wireless facility on a Village utility pole located in a right-of-
way that equals (i) the fee set forth in Chapter 1.16 of this Code or (ii) the actual, direct,
and reasonable costs related to the wireless provider's use of space on the Village utility
pole.
If the Village has not billed the wireless provider actual and direct costs, the fee shall be
the fee set forth in Chapter 1.16 of this Code 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 Village notifying
the wireless provider of the abandonment.
The notice shall be sent by certified or registered mail, return receipt requested, by the
Village to the owner at the last known address of the wireless provider. If the small
wireless facility is not removed within 90 days of such notice, the Village may remove or
cause the removal of such facility pursuant to the terms of its pole attachment agreement
for 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 Village if it sells or transfers small
wireless facilities within the jurisdiction of the Village. Such notice shall include the
name and contact information of the new wireless provider.
12.06.040. DISPUTE RESOLUTION.
The Circuit Court of Cook County 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 Village shall allow the collocating person to collocate on its poles at annual rates of no
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more than the fee set forth in Chapter 1.16 of this Code per year per municipal utility pole, with
rates to be determined upon final resolution of the dispute.
12.06.050. INDEMNIFICATION.
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 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 Village or its employees or agents. A wireless provider shall
further waive any claims that they may have against the Village with respect to consequential,
incidental, or special damages, however caused, based on the theory of liability.
12/060.060. 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 Village improvements or rights -of -way to afford minimum
protection limits consistent with its requirements of other users of authority improvements or
rights -of -way, including coverage for bodily injury and property damage.
The wireless provider shall include the Village as an additional insured on the commercial
general liability policy and provide certification and documentation of inclusion of the Village in
a commercial general liability policy 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 Village. 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 Village
evidence sufficient to demonstrate its financial ability to self -insure the insurance coverage limits
required by the Village.
12.06.070. SEVERABILITY.
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.
15
SECTION 3.
Chapter 1.16, Fee Schedule, of the Buffalo Grove Municipal Code is hereby
amended by adding the following thereto:
µBuffalo G.�. ......
ove
....�. ._..................
Classification
.........
Fee
Municipal Code
Section
12.06.030
Application fee to collocate a single small wire less
$6� 50.00
subsection d.l
facility
12.06.030
Application fee for each small wireless facility to
$350.00
subsection d.l.
collocatemorethan one smallwireless facility
12.06.030
Annual recurring rate per year per small wireless facility
$200.00
subsection G.
SECTION 4. Subsection A. of Section 17.34.010, Applicability, of the Buffalo Grove
Municipal Code is hereby amended to read as follows:
17.34.010 Applicability.
A. The requirements set forth in this Chapter shall govern towers, antenna support
structures, telecommunications and personal wireless service facilities requiring a special
use but shall not pertain to small wireless facilities as set forth and covered by Cha ter
12.06 of this Code.
SECTION 5. This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as required by law.
PASSED by the President and Board of Trustees of the Village of Buffalo Grove, Illinois, on
the 16`l' day of July, 2018, according to the following roll call vote:
AYES: 6 — Berman, Stem Ottenheimer, Weidenfeld Johnson Smith
NAYS: 0 - None
ABSENT: 0 - None
PASSED: July 16, 2018.
APPROVED: July 16, 2018.
PUBLISHED: July 18, 2018.
IN
ATTEST:
Janet irabian, Village Clerk
DM#718065
July 3,2018
ND#4810-8933-3100 v.l
APPROVE
Beverly Sus , Village President
IIFA