Current 2020 Glen Ellyn Wireless Ordinance

Current ordinance on the Glen Ellyn Village web site is here.

Current ordinance from April 27, 2020 in pdf form is here:

2020-0427-Glen-Ellyn-IL-Wireless-OrdinanceDownload

Glen Ellyn Small Cell Wireless Facilities Web Page

From https://glenellyn.org/718/Small-Cell-Wireless-Facilities

Small Wireless Facilities Deployment Act

SB.1451 The Illinois Small Wireless Facilities Deployment Act,

Link to LOCAL GOVERNMENT (50 ILCS 840/) Small Wireless Facilities Deployment Act. (Moved from 50 ILCS 835/). (also here).

. . . which controls the deployment of small cell facilities and specifically prohibits Home Rule municipalities from exercising home rule authority to regulate in areas of State and federal jurisdiction.

The Act is the State law which governs how local governments must license or permit the erection of small wireless facilities within their jurisdiction. The Act grants wireless carriers the right to place small wireless facilities in the public rights-of-way, subject to reasonable local regulations which are not inconsistent with the law.

We cannot impose a moratorium as the Act does not permit a municipality to pass a moratorium preventing permit applications from being reviewed. The Act does, however, allow delayed action by a municipality on permit applications in limited circumstances, including local, State or federal disaster declarations, including circumstances such as the current COVID-19 pandemic, which cause the delay.

What the Village Can Do

Under the Act, the Village is authorized only to do the following:

Require that small wireless facilities does not interfere with the frequencies used by a public safety agency for public safety communications; a wireless provider shall install small wireless facilities of the type and frequency that will not cause unacceptable interference with a public safety agency’s communications equipment;

Require that the wireless provider comply with applicable spacing requirements in applicable codes and ordinances concerning the location of ground-mounted equipment located in the right-of-way if the 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;

Require that the wireless provider comply with generally applicable standards that are consistent with this Act and adopted by an authority for construction and public safety in the rights-of-way, including, but not limited to,

  • reasonable and nondiscriminatory wiring and cabling requirements,
  • grounding requirements,
  • utility pole extension requirements, and
  • signage limitations; and
  • shall comply with reasonable and nondiscriminatory requirements that are consistent with this Act and adopted by an authority regulating

    • the location, size, surface area and height of small wireless facilities, or
    • the abandonment and removal of small wireless facilities;

Require that the wireless provider comply with the applicable codes and local code provisions or regulations that concern public safety;

Require site specific structural integrity analysis is provided by a structural engineer.

The Village can subject small wireless facilities to zoning review in the zoning districts when located outside the right-of-way_xxx-Q.

We can evaluate applications for permits in the right-of-way for obstruction to safe use of pedestrians and vehicles. We can enforce regulations concerning capacity of a pole to structurally support the deployment. We can limit height, bulk and location, subject to appeal by the wireless provider.

We can require compliance with existing FCC rules and state law. What about Federal Laws such as ADA and FHA_xxx?

What the Village Cannot Do

  • Require that the applicant place small wireless facilities on any specific utility or category of utility poles.

  • Regulate the level of acceptable radio frequency emissions.

  • Refuse outright or pass a moratorium on applications for installation of small wireless facilities.

Good news:

It appears that Effective Radiated Power (ERP) limits and Needs Tests are still available to Home Rule municipalities’ local laws . . .

Glen Ellyn Small Cell Requirements Ordinance 6779

Ordinance No. 6779-VC, An Ordinance to Amend the Glen Ellyn

Municipal Code, to Replace Title 8, Chapter 6- Construction of Utility Facilities in Rights-of-Way, by Amending and Adding Certain Provisions to Chapter 6

4/27/19 Staff Report

Background

For several months, staff has been reviewing various changes needed to the Village code to address industry changes in cellular infrastructure. The Village has also received requests from various residents and community members expressing concerns about the new 5G cellular technology and infrastructure. Staff has researched those complaints and taken them into consideration in preparing the Village Code changes explained in this memo.

Summary of Significant Proposed Code Changes

The Village will be considering amendments to our Municipal Code relating to permit applications for small cell wireless facilities at our Board Meeting set for April 27, 2020. Staff is proposing amendments containing additional and stronger requirements to add to the existing code, many of which mirror those recently adopted in Western Springs and Barrington.

These include NEPA environmental review for those non-exempt new applications and for

  • applications for modifications to existing facilities,
  • distancing from schools,
  • certification of compliance with applicable FCC regulations concerning radio frequency emission levels at various angles from the transmitter, and
  • insurance certificates.

The amendments also grant the right to the Village to revoke permits for

  • noncompliance with the Village Code
  • failure to comply with FCC regulations for radio frequency emissions,
  • failure to conduct testing of those emissions upon the request of the Village.

Additionally, the amendments set fines for violations. We currently regulate the construction of all utilities in the rights-of-way in the Village under Chapter
6-Construction of Utility Facilities in Rights-of-Way. (8-6-1 et seq.)

We made significant changes to sections

  • 8-6-4,
  • 8-6-11,
  • 8-6-15 and
  • 8-6-20

. . . include the following:

The Village will require that an environmental assessment shall be submitted in accordance with the FCC under 47 CFR § 1.1307 – ACTIONS THAT MAY HAVE A SIGNIFICANT ENVIRONMENTAL EFFECT, FOR WHICH ENVIRONMENTAL ASSESSMENTS (EAs) MUST BE PREPARED, for new communications facilities, and for existing communications facilities to which modifications to existing antennas or associated equipment is proposed, unless the facility and transmitter are granted exemptions by the FCC. See 8-6-4 (D), (6), (k)

Before a permit is issued, a written affidavit must be submitted and signed by a radio frequency engineer certifying the communications facility’s compliance with applicable Federal Communications Commission (FCC) rules and regulations relative to radio frequency emissions, as well as technical data such as

  • the frequencies in use,
  • power output levels and (xxx-maximum ERP for each antenna?)
  • antenna specifications,

. . . reasonably necessary to evaluate compliance with maximum permissible exposure levels set by the FCC, as well as a monitoring plan. 8-6-4 (D), (l)

We will require testing within 30 days of installation, and then quarterly reports showing continuing compliance with FCC radio frequency emission limits including field testing at various points around the communications facility. 8-6-20 (E), (F), and (G)

We will be authorized to revoke a permit if the communications facility is found to have been in violation of FCC radio frequency emission standards and the Telecommunications Provider, after becoming aware of such violation, fails to shut-down or otherwise cure the violation within three (3) calendar days. Additionally, the amendments declare that facilities which exceed FCC radio frequency emissions (xxx-where, specifically?) are a public nuisance which may be summarily abated by the Village and finesessed. 8-6-11 (A), 8-6-20 (F)

We will require camouflaging in the downtown business districts and historical areas of town. 8-6-15 (H) (3).

We will prohibit wireless facilities from being located closer than 300 feet from a school. 8-6-15 (A)(6) (d) (1)

Why no mention of this discrimination in staff report_xxx?

“No above ground communications facility shall be permitted in any public right-of-way that is contiguous to and having a physical border with the front yard or corner side yard of any residential corner lot property.

Copies of redlined and clean versions of the proposed code changes are attached to this memorandum.

Action Requested

Staff recommends approval of the proposed amendments to the Municipal Code to address small wireless facilities deployment with a motion made subject to attorney approval.

Village of Glen Ellyn

Ordinance No. 6779-VC

An Ordinance to Amend the Glen Ellyn Municipal Code, to Replace Title 8, Chapter 6- Construction of Utility Facilities in Rights-of-Way, by Amending and Adding Certain Provisions to Chapter 6

Adopted by the
President and the Board of Trustees
Of the Village of Glen Ellyn
DuPage County, Illinois

Ordinance No. 6779-VC

An Ordinance to Amend the Glen Ellyn Municipal Code, to Replace Title 8, Chapter 6- Construction of Utility Facilities in Rights-of-Way, by Amending and Adding Certain Provisions to Chapter 6

Whereas, the Village of Glen Ellyn uses the public rights-of-way within its Village limits to provide essential public services to its residents and businesses and the public rights-of-way are a limited public resource owned by the Village for the benefit of its citizens, and the Village has a custodial duty to ensure that the public rights-of-way are used, repaired and maintained in a manner that best serves the public interest; and

Whereas, the Illinois Municipal Code authorizes municipalities to regulate use of and construction in all the rights-of-way in the Village, and in particular the use of public rights-of-way by utilities, by enacting uniform standards to address issues presented by utility facilities in accordance with state and federal law, in the exercise of its home rule and police powers; and

Whereas, the President and Board of Trustees of the Village of Glen Ellyn deem it to be in the best interest of the Village to periodically review and strengthen its authority and ability to act in the public interest to protect the health and welfare of its citizens, while at the same to conform the existing Municipal Code with State and Federal law; and

Whereas, the Village Board recognizes that small wireless facilities are critical to delivering wireless access to advanced technology, and 9-1-1 services, to homes, businesses and schools_xxx-propganda-alert, and wireless technology plays an integral role in the economic vitality of the Village and State, but at the same time recognizes that citizens have brought concerns before the legislature and Board as to the safety of the technology_xxx-not concerns, but substantial evidence; and

Whereas, the Village Board finds that the authority granted to municipalities to regulate the deployment of small wireless facilities in the municipal rights-of-way has been limited by the Small Wireless Facilities Deployment Act, 50 ILCS 835/1 et seq., which states that a home rule municipality may not prohibit the deployment of small wireless facilities in the rights-of-way or regulate small wireless facilities in a manner inconsistent with the Act; and

Whereas, the President and Board of Trustees have determined that it is in the best interest of the Village to amend the Glen Ellyn Municipal Code, and amend Chapter 6 of Title 8, of the Glen Ellyn Municipal Code.

Now, therefore be it ordained by the President and Board of Trustees of the Village of Glen Ellyn, DuPage County, Illinois, in the exercise of its home rule powers, as follows:

Section One: The findings of fact and conclusions set forth herein above are hereby adopted by the President and Board of Trustees as the findings of fact and conclusions of the corporate authorities of the Village of Glen Ellyn.

Section Two: Chapter 6 of Title 8, of the Glen Ellyn Municipal Code is hereby amended by enacting a new Chapter 6, a copy of which is attached to this Ordinance and incorporated herein, titled Construction of Utility Facilities in Rights-of-Way, a copy of said Amendment to Chapter 6 of Title 8 being attached hereto and made a part hereof.

Section Three: This Ordinance shall be in full force and effect following its passage, approval, and publication in pamphlet form.

Passed by the President and Board of Trustees of the Village of Glen Ellyn, Illinois this
_____ day of ____________________.

ATTACHMENTS:

  • Title 8 – Chapter 6 – Construction of Utility Facilities in Rights-of-Way Red Line Version (PDF)
  • Title 8 – Chapter 6 – Construction of Utility Facilities in Rights-of-Way clean (PDF)