The Village of Glen Ellyn (GE) could establish in a revised Wireless Ordinance, additional policies and procedures for placing, constructing, modifying and operating only Wireless Telecommunications Facilities (WTFs) that are determined to be needed to close a significant gap in telecommunications service coverage. Need Tests would be in the form of industry-standard Drive Tests of carrier-specific telecommunications frequencies conducted every six months by a neutral, third-party, licensed RF Engineer selected, hired and supervised by GE — but paid for by Wireless Cos. on a pro rata share, based on an market share analysis of the maximum antenna Effective Radiated Power output capability of existing antennas operating in GE.
(a) annotations/comments or
(b) “suggested text for a revised Village of Glen Ellyn (GE) Ordinance in blockquote format.”
The GE-VHP text suggestions are not final text, vetted by an attorney. We hope to work with GE staff to finalize text for inclusion in the revised Ordinance, after we reach consensus on some or all of our common sense suggestions. The goal is to sufficiently regulate so-called “small” Wireless Telecommunications Facilities (sWTFs) in the public rights-of-way to balance the needs of GE residents and the needs of Wireless applicants, while still being consistent with Federal and State law. This also means treating many of the overreaching FCC Orders that are not consistent with the underlying federal Telecom statutes (the 1996-TCA and the 2012-6049(a)) more as presumptive orders (statements of preferences) than as federal law. Indeed, any such FCC Orders are ultra vires, anyway.
Snapshot: This is Reality Today in the Village of Glen Ellyn
- One Glen Ellyn resident is being forced to sleep in her basement to avoid the excessive Effective Radiated Power (ERP) the antennas on Brookdale, cell towers, smart electric, smart gas, smart water meters deploy.
- It was never the intent of the 1996-TCA that people like her would have to face early-dementia and death so the Wireless Cos. could maximize their profits and transfer their liability to GE and its taxpayers
- This resident is early on this curve that many will follow. Excessive ERP in GE is limiting one or more of her major life activities. She has ADA rights and is seeking a reasonable accommodation; the Village must enter into a conversation with her about such a reasonable accommodation. Failure to do so vilolates the Americans with Disabilities Act.
Building Biology RF-EMR Exposure Guidelines:
|No Hazard||Slight Hazard||Severe Hazard||Extreme Hazard|
|< 0.1 µW/m²||0.1 µW/m² to 10 µW/m²||10 µW/m² to 1,000 µW/m²||> 1,000 µW/m²|
Industry-standard Drive Tests can easily measure actual signal strength for all antennas currently installed and operating in GE. The Drive Tests would log, second-by-second, the existing signal strengths in decibel-milliWatts (dBm) for each frequency transmitted from antennas that reach the streets of GE. The raw data and report would be entered into the public record every six months, so the results can be verified by any member of the public.
Importantly, the dates of the Drive Tests would need to be kept secret from all Wireless Telecommunications carriers and their agents, so such parties would have no opportunity to power down antennas under their control during the Drive Tests — to prevent these parties from artificially creating a temporary significant gap in telecommunications service coverage in an attempt to game the results of the Drive Tests.
The results of the Drive Tests would provide verifiable, objective data to determine if a particular proposed WTF would be legally necessary to be installed in the public rights-of-way within GE’s jurisdiction and legal authority. The raw data would then be used to establish if any carrier-specific significant gaps in telecommunications service coverage actually exist, considering results from the voice frequencies specific to each carrier. Any new WTF would only be licensed by GE if there is a proven significant gap in telecommunications service that could be corrected placing and constructing a wireless antenna using the “least intrusive means”.
Other requirements for WTF applications that could be added to the GE Wireless Ordinance should include the following for each WTF application:
- A determination if the WTF application provides public benefits, consistent with the preservation of the integrity, safe usage, ambiance, and visual qualities of GE’s public rights-of-way.
- Requiring proper liability insurance that protects the county from claims of injuries, illnesses and/or deaths from pulsed, data-modulated, Radio-frequency Electromagnetic Microwave Radiation (RF-EMR) exposures: see https://scientists4wiredtech.com/thisworks
- A listing of the names of the board of directors toward positive identification of the applicant, and the assets of the entity actually signing the MLA and other licensing agreements and WTF applications: see https://scientists4wiredtech.com/davis
Placing and constructing unnecessary so-called “small” Wireless Telecommunications Facilities (sWTFs) is an unjust taking of property values to enrich private companies who are operating in the public rights-of-way, without sufficient public benefit, such as sharing access to Fiber Optic cables installed in the public rights-of-way. Changes to the GE Wireless Ordinance are needed to bring it in accordance with the 1996 Telecommunications Act (1996-TCA), which governs Title II-regulated telecommunications service, and which leaves all four above-cited activities related to wireless infrastructure — in the lands of the GE. A regulatory obligation must be fulfilled and not avoided by omission.
“This page is one of three legs of the stool that establishes local control over the operations of Wireless Telecommunications Facilities (WTFs); the other two are the US House/Senate Conference Report for the 1996 Telecommunications Act (“1996-Act”) and the stated purpose of the 1996-Act: ‘ to promote the safety of life and property’.”
From the 1996-TCA Conference Report
“The conferees also intend that the phrase ‘‘unreasonably discriminate among providers of functionally equivalent services’’ will provide localities with the flexibility to treat facilities that create different visual, aesthetic, or safety concerns differently to the extent permitted under generally applicable zoning requirements even if those facilities provide functionally equivalent services. For example, the conferees do not intend that if a State or local government grants a permit in a commercial district, it must also grant a permit for a competitor’s 50-foot tower in a residential district.”
. . .
“If a request for placement of a personal wireless service facility involves a zoning variance or a public hearing or comment process, the time period for rendering a decision will be the usual period under such circumstances. It is not the intent of this provision to give preferential treatment to the personal wireless service industry in the processing of requests, or to subject their requests to any but the generally applicable time frames for zoning decision.”
Proposed Addition to Glen Ellyn Wireless Ordinance
“For any so-called “small” Wireless Telecommunications Facilities (sWTFs) that are
- installed in the public rights-of-way, or
- attached to any building, or
- have antennas installed at a height that is lower than 100 feet off the ground,
- . . . the applicant must install only antennas, radios and other supporting equipment that have no chance of exceeding a total of 0.1 Watt of Effective Radiated Power from the face of the antenna shroud for all frequencies/wavelengths capable of being transmitted from the antenna.”
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, 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; and
- As the table that follows shows, wireline broadband (Fiber-Optic/Ethernet) and wireless broadband (4G/5G) are NOT functionally equivalent services
- Advanced technology is technology neutral; 1996-TCA promotes competition with choice
- 9-1-1 services transmit on 3G/4G voice frequencies (850 MHz to 1900 Mhz); 9-1-1 services are NOT improved by 4G/LTE and 5G data frequencies, despite the incessant marketing/propaganda by the Wireless industry
- Home broadband is primarily Wired Internet. with choice of whether or not to run home Wi-Fi
- Schools and businesses depend on Fiber-Optic Wired internet for vast majority of data transmission
- Even the Wireless industry depends on Fiber-Optic for its data backhaul from cell towers
- BIG Data is best sent via Fiber-Optic; we only need wireless for small data (calls/texts)
- Wireless broadband represents the land of no-choice: even non-customers experience forced exposures to excessive Effective Radiated Power transmitted into their private dwellings
The GE Village Board also should NOT mischaracterize (and therefore attempt to legally dismiss) the substantial written evidence of scientific facts and laws that the public put in Glen Ellyn’s public record as mere “concerns”. That needs to be stricken from the Ordinance
Whereas, the Village Board recognizes that [wireline fiber-optic to homes and] small wireless facilities
are critical to delivering wireless access to advanced technology, and 9-1-1 services, to homes, businesses and schools, and wireless technology[both play] an integral role in the economic vitality of the Village and State. but at the same time[The village Board also] recognizes [that Glen Ellyn residents have entered substantial written evidence of science, fact and law into the State’s and the Village’s public records regarding established hazards of exposures to pulsed, data-modulated, Radio-frequency Electromagnetic Microwave Radiation (RF-EMR) from wireless infrastructure antennas that transmit RF-EMR at levels far below FCC RF-EMR exposure guidelines] brought concerns before the legislature and Board as to the safety of the technology; and
[Whereas, the Village Board recognizes that Glen Ellyn residents’ inalienable rights to privacy and safety are guaranteed by the US and State of Illinois constitutions and that any local Ordinances must be consistent with all Federal laws, including but not limited to the 1996 Telecommunications Act, the Fair Housing Act, the Americans With Disabilities Act and 42 U.S.C. 12101 et seq.. Therefore, the Village Board recognizes its duties and obligations to reasonably accommodate Glen Ellyn residents’ ADA requests because the implementation of the Densfied 4G/5G roll out — without policy language designated to protect these residents — will severely impair one or more of their major life activities and will violate their disabled rights.]
FTTP Broadband and Wireless Broadband Are NOT Functionally Equivalent Services
|Wireline FTTP Broadband||Wireless Broadband|
|Data Medium||Wireline glass fiber||Wireless through the air|
|Frequency Ranges||405,000,000,000,000 Hz
|Frequency Ranges||405 × 1012 Hz to 790 × 1012 Hz||600 × 106 Hz to 86,000 × 106 Hz|
|Download speed||1,000 Mbsp down||25-100 Mbsp down|
|Upload speed||1,000 Mbsp up||5-10 Mbsp up|
|Latency||1-5 mill-seconds||10-50 ms|
|Energy-efficiency||Extremely efficient||Extremely inefficient|
|More Frequent Installation||Underground||On poles|
|Less Frequent Installation||On poles||Underground|
|Ease of date capture||Difficult||Easy|
|Security||Much more secure||Much less secure|
|National Security||More reliable||Much less reliable|
|Electromagnetic Pulse Attack||Survives||Does not survive|
|Fire: Natural or Attack||Survives Underground||Does not survive=|
|Health Effects||None||Many Proven
|Biological Effects||None||Many Proven
|Environmental Effects||None||Many Proven
|Impacts in/from PROW||None||Significant
* Link to tens of thousand of peer-reviewed studies — established science that proves Negative Health, Biological and Environmental Impacts of RF microwave radiation exposures
**Link to safety, privacy and property value harms from Wireless Telecommunications Facilities (WTFs) installed near homes
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 hereinabove 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 ____________________.
- Title 8 – Chapter 6 – Construction of Utility Facilitires in Rights-of-Way Red Line Version (PDF)
- Title 8 – Chapter 6 – Construction of Utility Facilitires in Rights-of-Way clean (PDF)
Chapter 6 – CONSTRUCTION OF UTILITY FACILITIES IN RIGHTS-OF-WAY
8-6-1. — Purpose and scope.
(A) Purpose: The purpose of this chapter is to establish policies and procedures for constructing facilities on rights-of-way within the Village’s jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the Village rights-of-way and the Village as a whole.
(B) Intent: In enacting this chapter, the Village intends to exercise its authority over the rights-of-way in the Village and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including, without limitation:
- Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;
- Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
- Prevent interference with the facilities and operations of the Village’s utilities and of other utilities lawfully located in rights-of-way or on public property;
- Protect against environmental damage, including damage to trees, from the installation of utility facilities;
- Protect against increased storm water runoff due to structures and materials that increase impermeable surfaces;
- Preserve the character of the neighborhoods in which facilities are installed;
- Preserve open space, particularly the tree lined parkways that characterize the Village’s residential neighborhoods;
- Prevent visual blight from the proliferation of facilities in the rights-of-way; and
- Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations.
(C) Facilities subject to this chapter: This chapter applies to all facilities on, over, above, along, upon, under, across, or within the rights-of-way within the jurisdiction of the Village. A facility lawfully established prior to the effective date of this chapter may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.
(D) Franchises, licenses, or similar agreements: The Village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the Village rights-of-way. Utilities that are not required by law to enter into such an agreement may request that the Village enter into such an agreement. In such an agreement, the Village may provide for terms and conditions inconsistent with this chapter.
(D) Franchises, licenses, or similar agreements: The Village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the Village rights-of-way.
Utilities that are not required by law to enter into such an agreement may request that the Village enter into such an agreement. In such an agreement, the Village may provide for terms and conditions inconsistent with this chapter.
(E) Effect of franchises, licenses, or similar agreements:
- Utilities other than telecommunications providers: In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the Village, such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof.
- Telecommunications providers: In the event of any conflict with, or inconsistency between, the provisions of this chapter and the provisions of any franchise, license or similar agreement between the Village and any telecommunications provider, the provisions of such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof.
(F) Conflicts with other chapters: This chapter supersedes all chapters or parts of chapters adopted prior hereto that are in conflict herewith, to the extent of such conflict.
(G) 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 utility shall comply with the requirements of this chapter to the maximum extent possible without violating federal or state laws or regulations.
(H) Sound engineering judgment: The Village shall use sound engineering judgment when administering this chapter and may vary the standards, conditions, and requirements expressed in this chapter when the Village so determines. Nothing herein shall be construed to limit the ability of the Village to regulate its rights-of-way for the protection of the public health, safety and welfare.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017)
8-6-2. — Definitions.
As used in this chapter and unless the context clearly requires otherwise, the words and terms listed shall have the meanings ascribed to them in this section. Any term not defined in this section shall have the meaning ascribed to it in 92 Illinois Administrative Code Section 530.30, unless the context clearly requires otherwise.
AASHTO: American Association of State Highway and Transportation Officials.
ANSI: American National Standards Institute.
ASTM: American Society for Testing and Materials.
APPLICANT: A person applying for a permit under this chapter.
BACKFILL: The methods or materials for replacing excavated material in a trench or pit.
BORE OR BORING: To excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor.
CABLE OPERATOR: That term as defined in 47 USC 522(5).
CABLE SERVICE: That term as defined in 47 USC 522(6).
CABLE SYSTEM: That term as defined in 47 USC 522(7).
CARRIER PIPE: The pipe enclosing the liquid, gas or slurry to be transported.
CASING: A structural protective enclosure for transmittal devices such as: carrier pipes, electrical conductors, and fiber optic devices.
CLEAR ZONE: The total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a nonrecoverable slope, and a clear run out area. The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO “Roadside Design Guide”.
COATING: Protective wrapping or mastic cover applied to buried pipe for protection against external corrosion.
CODE: The municipal code of the Village of Glen Ellyn.
COMMUNICATIONS FACILITY: A Utility facility consisting of wireless communication equipment and antennas for the purpose of providing wireless communication service.
[TELE]COMMUNICATIONS FACILITY: A Utility facility consisting of wireless communication equipment and antennas for the purpose of providing wireless [tele]communication service.
CONDUCTOR: Wire carrying electrical current.
CONDUIT: A casing or encasement for wires or cables.
CONSTRUCTION OR CONSTRUCT: The installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment in place of facilities.
COVER: The depth of earth or backfill over buried utility pipe or conductor.
CROSSING FACILITY: A facility that crosses one or more right-of-way lines of a right-of-way.
DIRECTOR OF PUBLIC WORKS: The Village Director of Public Works or his or her designee.
DISRUPT THE RIGHT-OF-WAY: For the purposes of this chapter, any work that obstructs the rights-of-way or causes a material adverse effect on the use of the rights-of-way for its intended use. Such work may include, without limitation, the following:
- excavating or other cutting;
- placement (whether temporary or permanent) of materials, equipment, devices, or structures;
- damage to vegetation; and
- compaction or loosening of the soil, and shall not include the parking of vehicles or equipment in a manner that does not materially obstruct the flow of traffic on a highway.
EMERGENCY: Any immediate maintenance to the facility required for the safety of the public using or in the vicinity of the right-of-way or immediate maintenance required for the health and safety of the general public served by the utility.
ENCASEMENT: Provision of a protective casing.
ENGINEER: The Village Engineer or his or her designee.
EQUIPMENT: Materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities.
EXCAVATION: The making of a hole or cavity by removing material, or laying bare by digging.
EXTRA HEAVY PIPE: Pipe meeting ASTM standards for this pipe designation.
FACILITY: All structures, devices, objects, and materials (including, but not limited to, track and rails, wires, ducts, fiber optic cable, antennas, vaults, boxes, equipment enclosures, cabinets, pedestals, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights-of-way under this chapter. For purposes of this chapter, the term “facility” shall not include any facility owned or operated by the Village.
FREESTANDING FACILITY: A facility that is not a crossing facility or a parallel facility, such as an antenna, transformer, pump, or meter station.
FRONTAGE ROAD: Roadway, usually parallel, providing access to land adjacent to the highway where it is precluded by control of access to a highway.
HAZARDOUS MATERIALS: Any substance or material which, due to its quantity, form, concentration, location, or other characteristics, is determined by the Village Director of Public Works to pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, including, but not limited to, explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables, corrosives or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation.
HIGHWAY: A specific type of right-of-way used for vehicular traffic including rural or urban roads or streets. “Highway” includes all highway land and improvements, including roadways, ditches and embankments, bridges, drainage structures, signs, guardrails, protective structures and appurtenances necessary or convenient for vehicle traffic.
HIGHWAY CODE: The Illinois Highway Code, 605 Illinois Compiled Statutes 5/1-101 et seq., as amended from time to time.
HOLDER: A person or entity that has received authorization to offer or provide cable or video service from the ICC pursuant to the Illinois cable and video competition law, 220 Illinois Compiled Statutes 5/21- 401.
ICC: Illinois Commerce Commission.
IDOT: Illinois Department of Transportation.
JULIE: The joint utility locating information for excavators’ utility notification program.
JACKING: Pushing a pipe horizontally under a roadway by mechanical means with or without boring.
JETTING: Pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe.
JOINT USE: The use of pole lines, trenches or other facilities by two or more utilities.
MAJOR INTERSECTION: The intersection of two or more major arterial highways.
OCCUPANCY: The presence of facilities on, over or under right-of-way.
PARALLEL FACILITY: A facility that is generally parallel or longitudinal to the centerline of a right-of-way.
PARKWAY: Any portion of the right-of-way not improved by street or sidewalk.
PAVEMENT CUT: The removal of an area of pavement for access to a facility or for the construction of a facility.
PERMITTEE: That entity to which a permit has been issued pursuant to sections 8-6-4 and 8-6-5 of this chapter.
PETROLEUM PRODUCTS PIPELINES: Pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal slurry.
PRACTICABLE: That which is performable, feasible or possible, rather than that which is simply convenient.
PRESSURE: The internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig).
PROMPT: That which is done within a period of time specified by the Village. If no time period is specified, the period shall be 30 days.
PUBLIC ENTITY: A legal entity that constitutes or is part of the government, whether at local, state or federal level.
RESTORATION: The repair of a right-of-way, highway, roadway, or other area disrupted by the construction of a facility.
RIGHT-OF-WAY OR RIGHTS-OF-WAY: Any street, alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, including utility easements, in which the Village has the right and authority to authorize, regulate or permit the location of facilities other than those of the Village. “Right-of-way” or “rights-of-way” shall not include any real or personal Village property that is not specifically described in the previous two sentences and shall not include Village buildings, fixtures and other structures or improvements, regardless of whether they are situated in the right-of-way.
ROADWAY: That part of the highway that includes the pavement and shoulders.
SALE OF TELECOMMUNICATIONS AT RETAIL: The transmitting, supplying, or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one such corporation to another such corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale.
SECURITY FUND: That amount of security required pursuant to section 8-6-10 of this chapter.
SHOULDER: A width of roadway, adjacent to the pavement, providing lateral support to the pavement edge and providing an area for emergency vehicular stops and storage of snow removed from the pavement.
SOUND ENGINEERING JUDGMENT: A decision(s) consistent with generally accepted engineering principles, practices and experience.
TELECOMMUNICATIONS: This term includes, but is not limited to messages or information transmitted through use of,
- local, toll and wide area telephone service,
- channel services,
- telegraph services,
- teletypewriter service,
- computer exchange service,
- private line services,
- mobile radio services,
- cellular mobile telecommunications services,
- stationary two-way radio,
- paging service and
- any other form of mobile or portable one-way or two-way communications, and
- any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities.
“Private line” means a dedicated nontraffic sensitive service for a single customer that entitles the customer to exclusive or priority use of a communications channel, or a group of such channels, from one or more specified locations to one or more other specified locations.
Telecommunications” shall not include value added services in which computer processing applications are used to act on the form, content, code and protocol of the information for purposes other than transmission.
“Telecommunications” shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the end to end communications.
“Telecommunications” shall not include the provision of cable services through a cable system as defined in the cable communications act of 1984 (47 USC section 521 and following), as now or hereafter amended, or cable or other programming services subject to an open video system fee payable to the Village through an open video system as defined in the rules of the federal communications commission (47 CFR section 76.1500 and following), as now or hereafter amended.
TELECOMMUNICATIONS PROVIDER: Any person or entity that installs, owns, operates or controls facilities in the right-of-way used or designed to be used to transmit telecommunications in any form.
TELECOMMUNICATIONS RETAILER: Means and includes every person engaged in making sales of telecommunications at retail as defined herein.
TRENCH: A relatively narrow open excavation for the installation of an underground facility.
UTILITY: The individual or entity owning or operating any “facility” as defined in this chapter.
UTILITY POLE: A post structure owned or operated by a public utility or a municipality that is designed specifically to support overhead lines, cables or wires for the distribution of electricity, telecommunications, cable, fiber optics, and related equipment such as transformers, and street lights.
VENT: A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.
VIDEO SERVICE: That term as defined in Section 21-201 (v) of the Illinois Cable and Video Competition Law of 2007, 220 Illinois Compiled Statutes 21-201(v).
VILLAGE: The Village of Glen Ellyn.
WATER LINES: Pipelines carrying raw or potable water.
WET BORING: Boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017)
8-6-3. — Annual registration/certification required.
(A) Every utility that occupies right-of-way within the Village shall register on January 1 of each year with the Director of Public Works, providing the utility’s name, address and regular business telephone and telecopy numbers, the name of one or more contact persons who can act on behalf of the utility in connection with emergencies involving the utility’s facilities in the right-of-way and a 24 hour telephone number for each such person, and evidence of insurance as required in section 8-6-8 of this chapter, in the form of a certificate of insurance.
(B) Each year on July 1, all Telecommunications Providers shall submit an affidavit to the Village which shall list, by location, all communications facilities it owns within the Village, and shall certify
- (1) each such installation remains in use;
- (2) such in-use facility remains covered by required insurance; and
- (3) each such installation which is no longer in use. Any communications facility that is no longer in use shall be removed by the Telecommunications Provider within thirty (30) calendar days of delivery of the affidavit.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017)
(3) each such installation which is no longer in use. Any [tele]communications facility that is no longer in use shall be removed by the Telecommunications Provider within thirty (30) calendar days of delivery of the affidavit.
8-6-4. — Permit required; applications and fees.
(A) Permit required: No person shall construct (as defined in this chapter) any facility on, over, above, along, upon, under, across, or within any Village right-of-way which:
- 1) changes the location of the facility,
- 2) adds a new facility,
- 3) disrupts the right-of-way (as defined in this chapter), or
- 4) materially increases the amount of area or space occupied by the facility on, over, above, along, under, across or within the right-of-way,
. . . without first filing an application with the Village Director of Public Works and obtaining a permit from the Village therefor, except as otherwise provided in this chapter. No permit shall be required for installation and maintenance of service connections to customers’ premises where there will be no disruption of the right-of-way.
- In the case of construction of a communications facility:
- (a) Building, electric and work in parkway or right-of-way permit applications shall be filed with the Village Community Development Department. A single application shall propose work, new or modification, to no more than one communications facility.
- (b) A permit shall be required for any tree trimming required for the installation or maintenance of a communications facility.
- (c) In the event that an existing utility pole is to be replaced as part of the construction of a communications facility, the owner of the existing utility pole shall provide written authorization for the communications facility licensee to perform the work or secure a separate permit to perform work within the public right-of-way
- (d) In the event that new utility wires or cables need to be routed to the existing utility pole to service the communications facility, that work must be included on the permit submittal drawings or a separate permit to perform work within the public right-of-way must be secured.
- (e) Modifications performed to an existing communications facility shall require new permits to be issued by the Village.
- (f) Modifications performed to an existing communications facility that result in additional dead load of equipment or antennas, an increase in the number of antennas, or an increase in the exposed surface area of equipment and/or antennas shall require a structural analysis of the utility pole subjected to the modifications to be submitted to the Village for review and approval.
- In the case of construction of a [tele]communications facility:
- [(aa)The telecommunications facility must pass the GE-WTF-Needs-Test by demonstrating that the facility is needed to close a proven significant gap in telecommunications coverage, as demonstrated by the GE-wide semi-annual Drive Test that will log raw wireless signal strength data readings for all carrier-specific frequencies/wavelengths of RF-EMR that reach the streets of Glen Ellyn. These data will be submitted into the GE public record for all parties to verify and will serve as objective data for GE’s determinations of how to balance the need for additional transmission of wireless Effective Radiated Power and the need to preserve GE residents’ Quiet Enjoyment of Streets (QES).]
- [(bb) GE will cap the maximum Effective Radiated Power capacity of any WTF that is installed in a residential zone [insert specific zones here] based on the minimum Effective Radiated Power needed to provide reliable outdoor wireless telecommunications service, per an appropriate Vertical • Horizontal • Power recipe. The allowed ERP level will then be policed by GE 24/7/365 by installing a fuse on the pole that is under lock-and-key control by GE and enforced with non-compliance/fuse-replacement fees, detailed in section xxx.]
- (a) Building, electric and work in parkway or right-of-way permit applications shall be filed with the Village Community Development Department. A single application shall propose work, new or modification, to no more than one [tele]communications facility.
- (b) A permit shall be required for any tree trimming required for the installation or maintenance of a [tele]communications facility.
- (c) In the event that an existing utility pole is to be replaced as part of the construction of a [tele]communications facility, the owner of the existing utility pole shall provide written authorization for the [tele]communications facility licensee to perform the work or secure a separate permit to perform work within the public right-of-way
- (d) In the event that new utility wires or cables need to be routed to the existing utility pole to service the [tele]communications facility, that work must be included on the permit submittal drawings or a separate permit to perform work within the public right-of-way must be secured.
- (e) Modifications performed to an existing [tele]communications facility shall require new permits to be issued by the Village.
- (f) Modifications performed to an existing [tele]communications facility that result in additional dead load of equipment or antennas, an increase in the number of antennas, or an increase in the exposed surface area of equipment and/or antennas shall require a structural analysis of the utility pole subjected to the modifications to be submitted to the Village for review and approval.
(B) Permit application: All applications for permits pursuant to this chapter shall be filed on a form provided by the Village and shall be filed in such number of duplicate copies as the Village may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as “proprietary” or “confidential” by clearly marking each page of such materials accordingly.
(C) Minimum general application requirements: The application shall be made by the utility or its duly authorized representative and shall contain, at a minimum, the following:
- The utility’s name and address and telephone and telecopy numbers;
- The applicant’s name and address, if different than the utility, its telephone and telecopy numbers, e-mail address, and its interest in the work;
- The names, addresses and telephone and telecopy numbers and e-mail addresses of all professional consultants, if any, advising the applicant with respect to the application;
- A general description of the proposed work and the purposes and intent of the facility and the uses to which the facility will be put. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed;
- Evidence that the utility has placed on file with the Village:
- (a) A written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the “Illinois Manual On Uniform Traffic Control Devices,” to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and
- (b) An emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the Village and shall promote protection of the safety and convenience of the public. Compliance with ICC regulations for emergency contingency plans constitutes compliance with this section unless the Village finds that additional information or assurances are needed;
- Drawings, plans and specifications showing the work proposed, including the certification of an engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations;
- Evidence of insurance as required in section 8-6-8 of this chapter;
- Evidence of posting of the security fund as required in section 8-6-10 of this chapter;
- Any request for a variance from one or more provisions of this chapter (see section 8-6-21 of this chapter); and
- Such additional information as may be reasonably required by the Village.
(D) Supplemental application requirements for specific types of utilities: In addition to the requirements of subsection (C) of this section, the permit application shall include the following items, as applicable to the specific utility that is the subject of the permit application:
- In the case of the installation of a new electric power, communications, telecommunications, cable television service, video service or natural gas distribution system, evidence that any “certificate of public convenience and necessity” or other regulatory authorization that the applicant is required by law to obtain, or that the applicant has elected to obtain, has been issued by the ICC or other jurisdictional authority;
- In the case of natural gas systems, state the proposed pipe size, design, construction class, and operating pressures;
- In the case of water lines, indicate that all requirements of the Illinois environmental protection agency, division of public water supplies, have been satisfied;
- In the case of sewer line installations, indicate that the land and water pollution requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control and the Metropolitan Water Reclamation District or other local or state entities with jurisdiction, have been satisfied; or
- In the case of petroleum products pipelines, state the type or types of petroleum products, pipe size, maximum working pressure, and the design standard to be followed.
- In the case of communications facilities the following minimum items of information shall be submitted as an attachment to the permit application. Additional information may be required to be submitted as deemed necessary upon completion of the initial plan review.
- (a) Indication of pole ownership.
- (b) Letter of authorization from the utility that owns the pole, if pole is not owned by the Village.
- (c) Letter of authorization from the electric utility approving location of the equipment and antennas with respect to location of existing power lines.
- (d) List of other utility services to be installed or connected to which are required to support the facility.
- (e) Drawings prepared by an Illinois licensed structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989, to indicate the following information:
- (1) Geographic coordinates of the proposed facility;
- (2) Ground elevation at base of utility pole;
- (3) Site plan indicating all structures, surface features and trees within 100 feet of the utility pole location;
- (4) Equipment and antenna plans, elevations and details as required to fully describe all equipment, equipment cabinets, equipment shelters, antennas, wiring, cabling, conduits, cable covers, etc. that comprise the [tele]communications facility;
- (5) Elevation views of utility pole, all equipment and antennas;
- (6) Proposed color of exposed surfaces of equipment, cable covers and antennas;
- (7) Grounding system design;
- (8) Lightning protection design, if provided;
- (9) Pole design and specification for replacement pole, if required;
- (10) Utility pole extension system, if required;
- (11) Point of utility demarcation(s);
- (12) Proximity of other utilities supported by utility pole to proposed equipment and antennas;
- (13) Radio frequency safety signage;
- (14) Single-line electric distribution diagram;
- (15) Structural supports for equipment and antennas;
- (16) Utility connection requirements including point of connection to each;
- (17) Vertical height from grade to top of antennas;
- (18) Vertical height from grade to top of existing or replacement utility pole;
- (19) Vertical height from grade to underside of all equipment supported by utility pole;
- (20) Tree protection measures in accordance with the Village of Glen Ellyn Arboricultural Specifications Manual;
- (21) Provisions for landscaping and site restoration.
- (f) Photograph of the existing utility pole and surrounding site taken from the street and facing the nearest residential structures on same side of the street as the utility pole.
- (g) Specifications of all equipment and antennas.
- (h) Structural analysis of existing or replacement pole, including analysis of pole and its embedment length under existing plus proposed loads.
- (i) Coverage gap maps indicating the location of all nearby communications facilities, areas of coverage and lack thereof, location of proposed site, location of alternative site(s), number of customers anticipated to be served by the proposed facility versus those served by adjacent facilities and any other information deemed necessary to prove a need for a facility at the proposed location.
- (j) For existing communications facilities, proof that the proposed work does not substantially change the physical dimensions of the facility.
- (k) Environmental assessment: An environmental assessment shall be submitted in acccordance with 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. Exception: For communications facilities, modifications, operations and transmitters that are not required to submit an environmental assessment in accordance with 47 CFR 1.1307, a written certification signed by an officer or agent of the communications company shall be submitted with an itemizied accounting with supporting documentation indicating why the proposed facility, modification, operations and transmitters is exempt from the submittal of an environmental assessment.
(k) Environmental assessment: An environmental assessment shall be submitted in acccordance with 47 CFR § 1.1307 – ACTIONS THAT MAY HAVE A SIGNIFICANT ENVIRONMENTAL EFFECT, FOR WHICH ENVIRONMENTAL ASSESSMENTS (EAs) MUST BE PREPARED, for new [tele]communications facilities, and for existing [tele]communications facilities to which modifications to existing antennas or associated equipment is proposed. Exception: For [tele]communications facilities, modifications, operations and transmitters that, [in the applicants’ judgement] are not required to submit an environmental assessment in accordance with 47 CFR 1.1307, a written certification signed by an officer or agent of the communications company shall be submitted with [a NEPA review: an itemized] accounting with supporting documentation [and substantial written evidence placed in the public record] indicating why the proposed [telecommunications ] facility’s [placement, construction or modification]
operations and transmittersis exempt from the submittal of an Environmental Assessment. [The Village Board recognizes that such a NEPA review may be submitted to the FCC which is the ultimate authority which decides whether or not an Environmental Assessment may be required.]
- (l) A written affidavit signed by a radio frequency engineer certifying the [tele]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 antenna specifications, reasonably necessary to evaluate compliance with maximum permissible exposure levels set by the FCC, as well as a monitoring plan for the applicant’s facility capable of tracking and recording the daily amounts or levels of radio frequency emissions produced by the equipment, in order to verify on an ongoing basis that the [tele]communications facility will not exceed applicable FCC rules and regulations.
The goal is a noble one, but the usefulness of paragraph (l) depends on the implementation — which is not sufficiently specified. The Village Board must recognize that the DC Circuit’s Oct 1, 2019 Ruling in Case No. 18-1051 MOZILLA v. FCC has changed the foundation of FCC preemption of local authority and that the US Supreme Court in 2005 in its Ruling in RANCHO PALOS VERDES et al. v. ABRAMS upholds the 1996-TCA’s cooperative federalism for Telecom matters:
Justice Breyer, with whom Justice O’Connor, Justice Souter and Justice Ginsburg join, concurring.
“Congress initially considered a single national solution, namely a Federal Communications Commission wireless tower siting policy that would pre-empt state and local authority. Ibid.; see also H. R. Conf. Rep. No. 104-458, p. 207 (1996). But Congress ultimately rejected the national approach and substituted a system based on cooperative federalism. Id., at 207-208. State and local authorities would remain free to make siting decisions. They would do so, however, subject to minimum federal standards.”
- Per Case No. 18-1051, the elephant is this: Compliance with the FCC RF-EMR exposure guideline DOES NOT result in effective protection or safety
- In the face of such a long-standing failure of policy, and with the current climate of conflicting laws and regulation (US and IL Constitituions, 1996-TCA, various FCC Orders, IL SB.1451 and local duties, obligations and police powers to protect the Quiet Enjoyment of Streets, the Village of Glen Ellyn cannot climb into a mousehole.
- Paragraph (l) is therefore ineffective “theater”, not effective public policy
- Paragraph (l) shows a fundamental misunderstanding of the problem; it is merely a bureaucratic band-aid attempting to stop the bleeding from a main artery . . . Paragraph (l) is ineffective at addressing the problem.
- The fix is obvious and clear: GE must LOCALLY REGULATE/CAP the maximum allowed EFFECTIVE RADIATED POWER from wireless infrastructure that is constructed close to where people, live, work, sleep, heal and recreate. In short, regulate V•H•P (Vertical, Horizontal and Power) as a set . . . otherwise, the Village of Glen Ellyn will have achieved nothing effective.
From Judge Millet’s Ruling in Case No. 18-1051:
“The Supreme Court has made very clear that Chevron does not have that much muscle. Congress, the Court has explained, “does not alter the fundamental details of a regulatory scheme,” let alone step so heavily on the balance of power between the federal government and the States, “in vague terms or ancillary provisions — it does not, one might say, hide elephants in mouseholes.” Whitman v. American Trucking Ass’ns, 531 U.S. 457, 468 (2001).
And that principle is a well-settled limitation on Chevron. See, e.g., King v. Burwell, 135 S. Ct. 2480, 2495 (2015) (quoting Whitman, 531 U.S. at 468); Gonzales v. Oregon, 546 U.S. 243, 267 (2006) (same); see also Natural Res. Def. Council v. EPA, 661 F.3d 662, 664–665 (D.C. Cir. 2011); American Chemistry Council v. Johnson, 406 F.3d 738, 743 (D.C. Cir. 2005) (“Congress does not generally hide elephants in mouseholes, and we think it utterly improbable that [Congress intended to authorize the EPA’s interpretation] by creating a list of several hundred toxic chemicals.”) (internal citation omitted). The mousehole, in short, cannot be the wellspring of preemption authority that the Commission needs. Doubly so here, where the Supreme Court has specifically held that the Commission’s desire to “best effectuate a federal policy” must take a back seat to Section 152(b)’s assignment of regulatory authority to the States. Louisiana PSC, 476 U.S. at 374.
. . . What matters for present purposes is that, on this record, the Commission has made no showing that wiping out all “state or local requirements that are inconsistent with the [Order’s] federal deregulatory approach” is necessary to give its reclassification effect. 2018 Order ¶ 194. And binding Supreme Court precedent says that mere worries that a policy will be “frustrate[d]” by “jurisdictional tensions” inherent in the Federal Communications Act’s division of regulatory power between the federal government and the States does not create preemption authority. Louisiana PSC, 476 U.S. at 370, 375.”
- (m) For ground-mounted facilities, a landscape plan prepared and sealed by an Illinois licensed Landscape Architect shall be submitted. Such plan shall indicate screening of the proposed equipment around the perimeter of the site with approved deciduous and coniferous planting materials. The Telecommunications Provider shall be responsible for maintenance of all landscaping as provided in the approved landscape plan.
Consider the photo here: https://scientists4wiredtech.com/vhp/#nighthawk
Once you cap power, the equipment will shrink to the size of 4-inch antennas and 1 cubic foot in lieu of 4-foot antennas and 31 cubic feet (the size of a large refrigerator). Then. there is no need for these administratively burdensome landscape plans to hide the unnecessary refrigerator-sized blight.
(F) Application fees: Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this chapter shall be accompanied by a fee based on the existing right-of-way permit fee schedule. No application fee is required to be paid by any electricity utility that is paying the municipal electricity infrastructure maintenance fee pursuant to the Electricity Infrastructure Maintenance Fee Act.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017; Ord. 6674, 2-25-2019)
8-6-5. — Action on permit application.
xxx-Needed: Local Ordinance to Regulate Maximum Effective Radiated Power
Please find below tables listed in Sections A, B and C that prove that localities can easily stay out of the effective prohibition category, by passing laws that cap the Maximum Effective Radiated Power of so-called “small” Wireless Telecommunications Facilities (sWTFs) antennas at 0.1 Watt (which is equivalently stated as 100 milliWatts or 20 dBM). 100 milliwatts is more than enough power to enable Title II-regulated wireless telecommunications service (wireless phone calls), which require only 0.00000000001 mill-Watts of power in the ambient environment.
Localities Have the Police Powers to Peserve the Quiet Enjoyment of Streets
Unfettered Effective Radiated Power from so-called “small” Wireless Telecommunications Facilities (sWTFs) results in too much ELECTROMAGNETIC NOISE on the streets of [City/Town/Village].
In order to preserve the QUIET ENJOYMENT OF STREETS (QES), a locality can pass an ORDINANCE that limits the EFFECTIVE RADIATED POWER (ERP) of WTFs, using simple language, like the following:
“For any so-called “small” Wireless Telecommunications Facilities (sWTFs) that are
- installed in the public rights-of-way, or
- attached to any building, or
- have antennas installed at a height that is lower than 100 feet off the ground,
. . . the applicant must install only antennas, radios and other supporting equipment that have no chance of exceeding a total of 0.1 Watt of Effective Radiated Power from the face of the antenna shroud for all frequencies/wavelengths capable of being transmitted from the antenna.”
A. RF Microwave Radiation (RF/MW Radiation): electromagnetic power sprayed through the air using wavelengths ranging from one meter to one millimeter are called microwaves which have corresponding frequencies ranging from 300 MHz to 300,000 MHz.
RF/MW Radiation Frequencies and Wavelengths
|dm-wave||600||500||19.7||Low-Band 5G (T-Mobile)|
|cm-wave||3,000||100||3.94||Start of Mid-band 5G|
|mm-wave||30,000||10||0.394||Start of High-band 5G|
dm = decimeter; cm = centimeter; mm = millimeter
B. Effective Radiated Power (ERP) is an IEEE standardized definition of directional, pulsed, data-modulated, Radio-frequency Electromagnetic Microwave Radiation (RF-EMR) power, such as that emitted by wireless antennas.
- Maximum ERP is the sum of each antenna’s frequency channel’s maximum input power × antenna gain (the sum of Max ERP from each channel)
- ERP is the power in Watts, emitted by the antenna which further shapes its transmission to direct that power in a given direction.
- ERP measures the amount of power that an antenna radiates in the direction of its maximum signal strength — i.e. in the”main lobe” of its radiation pattern.
Link to Amphenol CUUT-360X12F-xyz-0 Antenna Spec. Sheet
Max ERP for Popular of Verizon 4G sWTF Antenna
|Max. Input x Gain =||Watts ERP|
|696-806||500 W x 9.5 =||4,750|
|824-960||500 W x 9.7 =||4,850|
|1695-1880||300 W x 12.7 =||3,810|
|1850-1990||300 W x 12.4 =||3,720|
|1920-2200||300 W x 11.7 =||3,510|
|2300-2700||300 W x 12.5 =||3,750|
C. Signal Strength in decibel-milliwatts (dBm)
dBm is unit of wireless signal strength: a power ratio, expressed in decibels (dB) with reference to one milliwatt (mW). It is used in radio, microwave and fiber-optic communication networks as a convenient measure of absolute power because of its capability to express both very large and very small values in a short form. The decibel (dB) is a dimensionless unit, used for quantifying the ratio between two values, such as signal-to-noise ratio.
|30||1,000||DCS or GSM 1,800/1,900 MHz mobile phone. EIRP IEEE 802.11a (20 MHz-wide channels) in either 5 GHz subband 2 (5,470–5,725 MHz) provided that transmitters are also IEEE 802.11h-compliant, or U-NII-3 (5,725–5,825 MHz). The former is EU only, the latter is US only.|
|20||100||ERP for IEEE 802.11b/g wireless LAN; 20 MHz-wide channels in 2.4 GHz Wi-Fi band|
|15||32||Typical wireless LAN transmission power in laptops|
|0||1||Bluetooth standard (Class 3) radio, 1 meter range|
|-45||0.000032||10,000x higher than 5-Bars level|
|-55||0.0000032||1,000x higher than 5-Bars level|
|-65||0.00000032||100x higher than 5-Bars level|
|-75||0.000000032||10x higher than 5-Bars level|
|-85||0.0000000032||5 Bars on a 3G/4G cell phone|
|-95||0.00000000032||1/10th of 5-Bars level|
|-100||0.00000000001||Minimal received signal power of wireless network (802.11 variants)|
|-105||0.000000000032||1/100th of 5-Bars level: minimal signal strength for 3G/4G cell phone call|
(A) Village review of permit applications: Completed permit applications, containing all required documentation, shall be examined by the Village Director of Public Works within a reasonable time after filing. If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, and regulations, the Village Director of Public Works shall reject such application in writing, stating the reasons therefor. If the Village Director of Public Works is satisfied that the proposed work conforms to the requirements of this chapter and applicable ordinances, codes, laws, rules, and regulations, the Village Director of Public Works shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the Village Director of Public Works, that the construction proposed under the application shall be in full compliance with the requirements of this chapter.
(B) Additional Village review of applications of telecommunications retailers :
- Pursuant to Section 4 of the Telephone Company Act, 220 Illinois Compiled Statutes 65/4, a telecommunications retailer shall notify the Village that it intends to commence work governed by this chapter for facilities for the provision of telecommunications services. Such notice shall consist of plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the Village not less than ten days prior to the commencement of work requiring no excavation and not less than 30 days prior to the commencement of work requiring excavation. The Village Director of Public Works shall specify the portion of the right-of-way upon which the facility may be placed, used and constructed.
- In the event that the Village Director of Public Works fails to provide such specification of location to the telecommunications retailer within either: a) ten days after service of notice to the Village by the telecommunications retailer in the case of work not involving excavation for new construction or b) 25 days after service of notice by the telecommunications retailer in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this chapter.
- Upon the provision of such specification by the Village, where a permit is required for work pursuant to section 8-6-4 of this chapter the telecommunications retailer shall submit to the Village an application for a permit and any and all plans, specifications and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of subsection (A) of this section.
(C) Additional Village review of applications of holders of state authorization under the Cable and Video Competition Law of 2007: Applications by a utility that is a holder of a state issued authorization under the cable and video competition law of 2007 shall be deemed granted 45 days after submission to the Village, unless otherwise acted upon by the Village, provided the holder has complied with applicable Village codes, ordinances, and regulations.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017)
8-6-6. — Effect of permit.
(A) Authority granted; no property right or other interest created: A permit from the Village authorizes a permittee to undertake only certain activities in accordance with this chapter on Village rights-of-way, and does not create a property right or grant authority to the permittee to impinge upon the rights of others who may have an interest in the rights-of-way.
(B) Duration: No permit issued under this chapter shall be valid for a period longer than six months unless construction is actually begun within that period and is thereafter diligently pursued to completion.
(C) Preconstruction meeting required: No construction shall begin pursuant to a permit issued under this chapter prior to attendance by the permittee and all major contractors and subcontractors who will perform any work under the permit at a preconstruction meeting. The preconstruction meeting shall be held at a date, time and place designated by the Village with such Village representatives in attendance as the Village deems necessary. The meeting shall be for the purpose of reviewing the work under the permit, and reviewing special considerations necessary in the areas where work will occur, including, without limitation, presence or absence of other utility facilities in the area and their locations, procedures to avoid disruption of other utilities, use of rights-of-way by the public during construction, and access and egress by adjacent property owners.
(D) Compliance with all laws required: The issuance of a permit by the Village does not excuse the permittee from complying with other requirements of the Village and applicable statutes, laws, ordinances, rules, and regulations.
(Ord. 5621,10-22-2007; Ord. 6494, 6-26-2017)
8-6-7. — Revised permit drawings.
In the event that the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the Village within 90 days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this chapter, it shall be treated as a request for variance in accordance with section 8-6-21 of this chapter. If the Village denies the request for a variance, then the permittee shall either remove the facility from the right-of-way or modify the facility so that it conforms to the permit and submit revised drawings or plans therefor.
8-6-8. — Insurance.
xxx-Attorney Mark Pollock: Critical Insurance and Liability Considerations
This excerpt from a recent Appellate brief is directly relevant to so-called “small” Wireless Telecommunications Facilities (sWTFs) applications in the Village of Glen Ellyn, IL
From May 26, 2020 Pollock & James, LLP Wireless Telecommunications Facility (WTF) Appellate Brief:
By reference to the Certificate of Insurance List under Additional Coverages section V, Pollution Liability is marked “N/A”. This means the insurance policy does not carry any pollution insurance. Electromagnetic Fields (EMF) are listed as a pollutant under the insurance policy exclusion of coverage. That means this will not cover illnesses from EMF/RF pulsed, data-modulated, Radio-frequency Electromagnetic Microwave Radiation (RF-EMR) generated. What follows is exclusion language from General Liability Policies Of Zurich, Sun, Hartford and CFC Underwriting for Lloyd’s of London.
Zurich Community Care Liability Insurance
“We will not pay anything under this policy, claim expenses, in respect Of: Electromagnetic fields any liability nature directly or indirectly caused by, in connection with or contributed to by or arising from electromagnetic fields
SUN General Insurance
“This does not Cover any liability, ICN, cost or expense directly or indirectly arising out Of, resulting from, or contributed to by exposure to magnetic, electric or electromagnetic fields or radiation however caused or generated.”
The Hartford, “EXCLUSION – ELECTROMAGNETIC HAZARD”
“The following exclusion is added: This insurance does not apply to: Electromagnetic Hazard …”
CFC Underwriting LTD in London, the UK agent for Lloyds of London
“The Electromagnetic Fields Exclusion (Exclusion 32) is a General Insurance Exclusion and is applied across the market as standard. The of the exclusion is to exclude illnesses caused by continuous exposure to non-ionizing radiation exposure . . .”
The Certificate of insurance List for AT&T shows “N/A” for Pollution Liability under paragraph V. In fact, EMF/RF-EMR are classified alongside smoke, chemicals, and asbestos. If a company wants insurance for EMF/RF-EMR it must purchase additional Pollution Liability Coverage. Proof of such coverage has not been provided to the City by New Cingular Wireless PCS, LLC, the Licensee.
There is, in the public record, no proof of financial responsibility or accounting to establish adequate liquidity of the licensee for the indemnification provisions of paragraph 28 of the Master License Agreement.
The Commission should grant the Appeal and revoke the issued by the Zoning Administrator until:
- Licensee provides Proof of Insurance with the Licensee as a named Insured;
- Licensee provides proof of Pollution Liability Coverage for related exposures and
- Licensee provides audited financials for purposes of indemnification.
Once the above compliance is established, and all three criteria have been provided, then the permit may be re-issued, but only if the name of the licensee or in the name of some other entity registered to do business in California which also has signed a Master License Agreement by Title 3 section 2.49.080 of Newport Beach Municipal Code.
End excerpt from appellate brief.
(A) Required coverages and limits: Unless otherwise provided by franchise, license, or similar agreement, each utility occupying right-of-way or constructing any facility in the right-of-way shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the Village, and its elected and appointed officers, officials, agents, and employees as additional insureds on the policies listed in subsections (A)1 and (A)2 of this section:
- Commercial general liability insurance, including premises-operations, explosion, collapse, and underground hazard (commonly referred to as “X”, “C”, and “U” coverages) and products completed operations coverage with limits not less than:
- (a) Five million dollars for bodily injury or death to each person;
- (b) Five million dollars for property damage resulting from any one accident; and
- (c) Five million dollars for all other types of liability;
- Automobile liability for owned, nonowned and hired vehicles with a combined single limit of $1,000,000.00 for personal injury and property damage for each accident;
- Workers’ compensation with statutory limits; and
- Employer’s liability insurance with limits of not less than $1,000,000.00 per employee and per accident. If the utility is not providing such insurance to protect the contractors and subcontractors performing the work, then such contractors and subcontractors shall comply with this section.
- Watch this video: https://scientists4wiredtech.com/thisworks/
- View these slides:http://mystreetmychoice.com/thisworks/
- Add to the Ordinance the need for the applicant to provide third-party insurance without a pollution exclusion for injuries, illnesses and deaths from EMF/RF Microwave Radiation exposures.
(B) Excess or umbrella policies: The coverages required by this section may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss.
(C) Copies required: The utility shall provide copies of any of the policies required by this section to the Village within ten days following receipt of a written request therefor from the Village.
(D) Maintenance and renewal of required coverages: The insurance policies required by this section shall contain the following endorsement: It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 30 days after receipt by the Village, by registered mail or certified mail, return receipt requested, of a written notice addressed to the Village President of such intent to cancel or not to renew. Within ten days after receipt by the Village of said notice, and in no event later than ten days prior to said cancellation, the utility shall obtain and furnish to the Village evidence of replacement insurance policies meeting the requirements of this section.
(E) Self-insurance: A utility may self-insure all or a portion of the insurance coverage and limit requirements required by subsection (A) of this section. A utility that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under subsection (A) of this section, or the requirements of subsections (B), (C) and (D) of this section. A utility that elects to self-insure shall provide to the Village evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under subsection (A) of this section, such as evidence that the utility is a “private self-insurer” under the workers’ compensation act.
(F) Effect of insurance and self-insurance on utility’s liability: The legal liability of the utility to the Village and any person for any of the matters that are the subject of the insurance policies or selfinsurance required by this section shall not be limited by such insurance policies or self-insurance or by the recovery of any amounts thereunder.
(G) Insurance companies: All insurance provided pursuant to this section shall be effected under valid and enforceable policies, issued by insurers legally able to conduct business with the licensee in the state of Illinois. (All insurance carriers and surplus line carriers shall be rated “A-” or better and of a class size “X” or higher by A.M. Best Company.)
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017)
8-6-9. — Indemnification.
By occupying or constructing facilities in the right-of-way, a utility shall be deemed to agree to defend, indemnify and hold the Village and its elected and appointed officials and officers, employees, agents and representatives harmless from and against any and all injuries, claims, demands, judgments, damages, losses and expenses, including reasonable attorney fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the utility or its affiliates, officers, employees, agents, contractors or subcontractors in the construction of facilities or occupancy of the rights-of-way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a franchise, license, or similar agreement; provided, however, that the utility’s indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this chapter by the Village, its officials, officers, employees, agents or representatives.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017)
8-6-10. — Security.
(A) Purpose: The permittee shall establish a security fund in a form and in an amount as set forth in this section. The security fund shall be continuously maintained in accordance with this section at the permittee’s sole cost and expense until the completion of the work authorized under the permit. The security fund shall serve as security for:
- The faithful performance by the permittee of all the requirements of this chapter;
- Any expenditure, damage, or loss incurred by the Village occasioned by the permittee’s failure to comply with any codes, rules, regulations, orders, permits and other directives of the Village issued pursuant to this chapter; and
- The payment by permittee of all liens and all damages, claims, costs, or expenses that the Village may pay or incur by reason of any action or nonperformance by permittee in violation of this chapter including, without limitation, any damage to public property or restoration work the permittee is required by this chapter to perform that the Village must perform itself or have completed as a consequence solely of the permittee’s failure to perform or complete, and all other payments due the Village from the permittee pursuant to this chapter or any other applicable law.
(B) Form: The permittee shall provide the security fund to the Village in the form, at the permittee’s election, of cash, a surety bond in a form acceptable to the Village, or an unconditional letter of credit in a form acceptable to the Village. Any surety bond or letter of credit provided pursuant to this subsection shall, at a minimum:
- Provide that it will not be canceled without prior notice to the Village and the permittee;
- Not require the consent of the permittee prior to the collection by the Village of any amounts covered by it; and
- Shall provide a location convenient to the Village and within the state of Illinois at which it can be drawn.
(C) Amount: The dollar amount of the security fund shall be sufficient to provide for the reasonably estimated cost to restore the right-of-way to at least as good a condition as that existing prior to the construction under the permit, as determined by the Village Director of Public Works, and may also include reasonable, directly related costs that the Village estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the Village, with each phase consisting of construction of facilities in one location or a related group of locations, and where construction in another phase will not be undertaken prior to substantial completion of restoration in the previous phase or phases, the Village Director of Public Works may, in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be applicable to each phase of the construction under the permit. The amount of the security fund for phased construction shall be equal to the greatest amount that would have been required under the provisions of this subsection for any single phase.
(D) Withdrawals: The Village, upon 14 days’ advance written notice clearly stating the reason for, and its intention to exercise withdrawal rights under this subsection, may withdraw an amount from the security fund, provided that the permittee has not reimbursed the Village for such amount within the 14 day notice period.
Withdrawals may be made if the permittee:
- Fails to make any payment required to be made by the permittee hereunder;
- Fails to pay any liens relating to the facilities that are due and unpaid;
- Fails to reimburse the Village for any damages, claims, costs or expenses which the Village has been compelled to pay or incur by reason of any action or nonperformance by the permittee; or
- Fails to comply with any provision of this chapter that the Village determines can be remedied by an expenditure of an amount in the security fund.
(E) Replenishment: Within 14 days after receipt of written notice from the Village that any amount has been withdrawn from the security fund, the permittee shall restore the security fund to the amount specified in subsection (C) of this section.
(F) Interest: The permittee may request that any and all interest accrued on the amount in the security fund be returned to the permittee by the Village, upon written request for said withdrawal to the Village, provided that any such withdrawal does not reduce the security fund below the minimum balance required in subsection (C) of this section.
(G) Closing and return of security fund: Upon completion of the work authorized under the permit, the permittee shall be entitled to the return of the security fund, or such portion thereof as remains on deposit, within a reasonable time after account is taken for all offsets necessary to compensate the Village for failure by the permittee to comply with any provisions of this chapter or other applicable law. In the event of any revocation of the permit, the security fund, and any and all accrued interest therein, shall become the property of the Village to the extent necessary to cover any reasonable costs, loss or damage incurred by the Village as a result of said revocation, provided that any amounts in excess of said costs, loss or damage shall be refunded to the permittee.
(H) Rights not limited: The rights reserved to the Village with respect to the security fund are in addition to all other rights of the Village, whether reserved by this chapter or otherwise authorized by law, and no action, proceeding or exercise of right with respect to said security fund shall affect any other right the Village may have. Notwithstanding the foregoing, the Village shall not be entitled to a double monetary recovery with respect to any of its rights which may be infringed or otherwise violated.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017)
8-6-11. — Permit suspension and revocation.
(A) Village right to revoke permit: The Village may revoke or suspend a permit issued pursuant to this
chapter for one or more of the following reasons:
- Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application;
- Noncompliance with this chapter;
- Permittee’s physical presence or presence of permittee’s facilities on, over, above, along, upon, under, across, or within the rights-of-way presents a direct or imminent threat to the public health, safety, or welfare; or
- The Permittee’s failedure to construct the facilities substantially in accordance with the permit and approved plans.
- xxx-addition 5 to 14 The Telecommunications Provider failed to comply within any material condition of a permitissued.
- The Telecommunications Provider substantially expanded or altered the use or the structure of the [tele]communications facility beyond what was requested in the permit application or approved, without the approval of the Village.
- The Telecommunications Provider failed to notify the Village of the replacement of the communications facilities as required by this chapter.
- A substantial change of law has occurred affecting the Telecommunications Provider’s authority to occupy or use the property upon which the [tele]communications facility is located.
- The [tele]communications facility interferes with vehicular or pedestrian use of the public right of way.
- The Telecommunications Provider has failed to make a safe and timely restoration of the rightof-way or the property upon which the [tele]communications facility is located.
- The Telecommunications Provider has failed to properly maintain the [tele]communications facility as required by this chapter.
- The Telecommunications Provider has failed to abate interference with public safety communications in a manner consistent with the abatement and resolution procedures for interference with public safety spectrum established by the FCC including 47 CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR 90.675.
- The [tele]communications facility has been abandoned and the Telecommunications Provider has failed to remove the small wireless facility as provided in this chapter.
- The [tele]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.
(C) Permittee alternatives upon receipt of notice of revocation or suspension: Upon receipt of a written notice of revocation or suspension from the Village, the permittee shall have the following options:
- Immediately provide the Village with evidence that no cause exists for the revocation or suspension;
- Immediately correct, to the satisfaction of the Village, the deficiencies stated in the written notice, providing written proof of such correction to the Village within five working days after receipt of the written notice of revocation; or
- Immediately remove the facilities located on, over, above, along, upon, under, across, or within the rights-of-way and restore the rights-of-way to the satisfaction of the Village providing written proof of such removal to the Village within ten days after receipt of the written notice of revocation. The Village may, in its discretion, for good cause shown, extend the time periods provided in this subsection.
(D) Stop work order: In addition to the issuance of a notice of revocation or suspension, the Village issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within subsection (A) of this section.
(E) Failure or refusal of the permittee to comply: If the permittee fails to comply with the provisions of subsection (C) of this section, the Village or its designee may, at the option of the Village: 1) correct the deficiencies; 2) upon not less than 20 days’ notice to the permittee, remove the subject facilities or equipment; or 3) after not less than 30 days’ notice to the permittee of failure to cure the noncompliance, deem them abandoned and property of the Village. The permittee shall be liable in all events to the Village for all costs of removal.
8-6-12. — Change of ownership or owner’s identity or legal status.
(A) Notification of change: A utility shall notify the Village no less than 30 days prior to the transfer of ownership of any facility in the right-of-way or change in identity of the utility. The new owner of the utility or the facility shall have all the obligations and privileges enjoyed by the former owner under the permit, if any, and applicable laws, ordinances, rules and regulations, including this chapter, with respect to the work and facilities in the right-of-way.
(B) Amended permit: A new owner shall request that any current permit be amended to show current ownership. If the new owner fails to have a new or amended permit issued in its name, the new owner shall be presumed to have accepted, and agreed to be bound by, the terms and conditions of the permit if the new owner uses the facility or allows it to remain on the Village’s right-of-way.
(C) Insurance and bonding: All required insurance coverage or bonding must be changed to reflect the name of the new owner upon transfer.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017)
8-6-13. — General construction standards.
(A) Standards and principles: All construction in the right-of-way shall be consistent with applicable ordinances, codes, laws, rules and regulations, and commonly recognized and accepted traffic control and construction principles, sound engineering judgment and, where applicable, the principles and standards set forth in the following IDOT publications, as amended from time to time:
- “Standard Specifications For Road And Bridge Construction”;
- “Supplemental Specifications And Recurring Special Provisions”;
- “Highway Design Manual”;
- “Highway Standards Manual”;
- “Standard Specifications For Traffic Control Items”;
- “Illinois Manual On Uniform Traffic Control Devices” (92 III. Adm. Code Section 545);
- “Flagger’s Handbook”; and
- “Work Site Protection Manual For Daylight Maintenance Operations”.
(B) Interpretation of municipal standards and principles: If a discrepancy exists between or among differing principles and standards required by this chapter, the Village Director of Public Works shall determine, in the exercise of sound engineering judgment, which principles apply and such decision shall be final. If requested, the Village Director of Public Works shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future.
(C) Communications facilities: In addition to all other provisions in this chapter, communications facilities shall be subject to the requirements below. A utility shall have the right to request a variation or exception to the general construction standards. Such request shall be submitted in writing to the Director of Community Development for review and determination. The Director of Community Development shall have the authority to grant a variation or exception to the general construction standards upon the utility’s demonstration of good cause for granting such request.
- Ground-mounted equipment, where approved by the Village, shall be screened from view from the public right-of-way.
- Pole-mounted equipment shall be mounted not less than seven feet above grade at the base of the pole.
- No portion of any antenna, cabling or equipment shall be mounted over a sidewalk, private driveway or public street.
- No equipment cabinet service door shall swing over a sidewalk, private driveway or public street.
- No air mechanically discharged from equipment cabinets shall be directed toward a sidewalk or driveway.
- The overall dimension of any individual piece of equipment or antenna shall not exceed four feet in any horizontal or vertical dimension.
- Size of antenna: The overall dimensions of any individual antenna, including panel, whip, dish or other configuration, shall not produce a volume of more than sixthree cubic feet.
- Size of equipment: The total combined volume of all above-ground equipment and appurtenances comprising a [tele]communications facility, exclusive of the antennas themselves, shall not exceed 25 cubic feet.
- The outer diameter of an imaginary line encircling any antenna array shall not exceed four feet.
- The height of any replacement utility pole or wireless support structure on which small wireless facilities are collocated, or the height of any component of the wireless facility, shall be limited to the higher of:
- (a) Ten 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 of application is submitted to the Village, that is located within 300 feet of the existing or replacement utility pole or wireless support structure and that is in the same right-of-way within the jurisdiction 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) Forty-five feet above ground level at the base of the utility pole or wireless support structure to be used to support the small wireless facility.
- The overall height of an extended existing utility pole, including antennas or equipment mounted thereto, shall not be greater than ten feet higher than the top of the existing utility pole.
- The use of guy wires or other supplemental supports shall not be used to stabilize or strengthen existing utility poles.
- The exposed finish of all equipment, antennas and antenna mounting brackets and components shall have a color that blends with the surroundings of the existing utility pole as determined by the Village.
- All cabling, conduit and wiring attached to the utility pole shall be covered with an appropriate cover or cable shield.
(Ord. 5621, 10-22-2017, Ord. 6494, 6-26-2017; Ord. 6608, 6-25-2018; Ord. 6674, 2-25-2019)
8-6-14. — Traffic control.
(A) Minimum requirements: The Village’s minimum requirements for traffic protection are contained in IDOT’s “Illinois Manual On Uniform Traffic Control Devices” and this code.
(B) Warning signs, protective devices, and flaggers: The utility is responsible for providing and installing warning signs, protective devices and flaggers, when necessary, meeting applicable federal, state, and local requirements for protection of the public and the utility’s workers when performing any work on the rights-of-way.
(C) Interference with traffic: All work shall be phased so that there is minimum interference with pedestrian and vehicular traffic.
(D) Notice when access is blocked: At least 48 hours prior to beginning work that will partially or completely block access to any residence, business or institution, the utility shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that in cases involving emergency repairs pursuant to section 8-6-20 of this chapter the utility shall provide such notice as is practicable under the circumstances.
(E) Compliance: The utility shall take immediate action to correct any deficiencies in traffic protection requirements that are brought to the utility’s attention by the Village.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017)
8-6-15. — Location of facilities.
(A) General requirements: In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this subsection. A utility shall have the right to request a variation or exception to the general requirements. Such request shall be submitted in writing to the Director of Community Development for review and determination. The Director of Community Development shall have the authority to grant a variation or exception to the general requirements upon the utility’s demonstration of good cause for granting such request.
- No interference with Village facilities: No utility facilities shall be placed in any location if the Village Director of Public Works determines that the proposed location will require the relocation or displacement of any of the Village’s utility facilities or will otherwise interfere with the operation or maintenance of any of the Village’s utility facilities.
- Minimum interference and impact: The proposed location shall cause only the minimum possible interference with the use of the right-of-way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right-of-way.
- No interference with travel: No utility facility shall be placed in any location that interferes with the usual travel on such right-of-way.
- No limitations on visibility: No utility facility shall be placed in any location so as to limit visibility of or by users of the right-of-way.
- Size of utility facilities: The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.
- Additional requirements for communications facilities: In addition to all other provisions in this chapter, communications facilities shall be subject to the following requirements:
- (a) No new poles or transmission towers shall be permitted in the public right-of-way. Communications facilities shall be located on existing utility poles, or replacement poles installed in the same location as the existing pole to be replaced.
- (b) If the existing utility pole selected for installation of a [tele]communications facility does not have any overhead wires attached to it, all new wires and cables required to service the facility shall be routed underground to the utility pole.
- (c) No above ground [tele]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.
- (d) Horizontal separation requirements:
- (1) xxx-addition There shall be no limitation for the placement of a [tele]communications facility that is mounted on a utility pole, except that no [tele]communications facility shall be mounted on a utility pole located within 300 feet of the nearest lot line of any public or private school.
- (2) No communication facility with ground-mounted equipment shall be installed within 300 feet of an existing [tele]communications facility or within 300 feet of a site specific location for a [tele]communications facility already issued a building permit by the Village.
- (e) No more than one [tele]communications facility shall be installed on any existing utility pole.
- (f) No [tele]communications facility shall be permitted on any existing pole that supports traffic signal lights.
- (g) The Village may choose to adjust the location of a [tele]communications facility based on tree obstructions, location to existing utilities, and pedestrian or traffic safety.
- (h) [Tele]communications facility equipment shall not obstruct traffic sight lines as determined by the Village.
(B) Parallel facilities located within highways:
- Overhead parallel facilities: An overhead parallel facility may be located within the right-of-way lines of a highway only if:
- (a) Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit;
- (b) Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (0.6 meters) behind the face of the curb, where available;
- (c) Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (1.2 meters) outside the outer shoulder line of the roadway and are not within the clear zone;
- (d) No pole is located in the ditch line of a highway; and
- (e) Any ground mounted appurtenance is located within one foot (0.3 meters) of the right-of- way line or as near as possible to the right-of-way line.
- Underground parallel facilities: An underground parallel facility may be located within the rightof-way lines of a highway only if:
- (a) The facility is located as near the right-of-way line as practicable and not more than eight feet (2.4 meters) from and parallel to the right-of-way line;
- (b) A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and
- (c) In the case of an underground power or communications line, the facility shall be located as near the right-of-way line as practicable and not more than five feet (1.5 meters) from the right-of-way line and any above grounded appurtenance shall be located within one foot (0.3 meters) of the right-of-way line or as near as practicable.
(C) Facilities crossing highways:
- No future disruption: The construction and design of crossing facilities installed between the ditch lines or curb lines of Village highways may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities.
- Cattle passes, culverts, or drainage facilities: Crossing facilities shall not be located in cattle passes, culverts, or drainage facilities.
- Ninety degree crossing required: Crossing facilities shall cross at or as near to a 90 degree angle to the centerline as practicable.
- Overhead power or communication facility: An overhead power or communication facility may cross a highway only if:
- (a) It has a minimum vertical line clearance as required by ICC’s rules entitled, “construction of electric power and communication lines” (83 III. Adm. Code 305);
- (b) Poles are located within one foot (0.3 meters) of the right-of-way line of the highway and outside of the clear zone; and
- (c) Overhead crossings at major intersections are avoided.
- Underground power or communication facility: An underground power or communication facility may cross a highway only if:
(a) The design materials and construction methods will provide maximum maintenance free service life; and (b) Capacity for the utility’s foreseeable future expansion needs is provided in the initial installation.
- Markers: The Village may require the utility to provide a marker at each right-of-way line where an underground facility other than a power or communication facility crosses a highway. Each marker shall identify the type of facility, the utility, and an emergency phone number. Markers may also be eliminated as provided in current federal regulations (49 CFR Section 192.707 (1989)).
(D) Facilities to be located within particular rights-of-way: The Village may require that facilities be located within particular rights-of-way that are not highways, rather than within particular highways.
(E) Freestanding facilities:
- The Village may restrict the location and size of any freestanding facility located within a rightof-way.
- The Village may require any freestanding facility located within a right-of-way to be screened from view.
(F) Facilities installed aboveground: Aboveground facilities may be installed only if:
- No other existing facilities in the area are located underground;
- New underground installation is not technically feasible; and
- The proposed installation will be made at a location, and will employ suitable design and materials, to provide the greatest protection of aesthetic qualities of the area being traversed without adversely affecting safety. Suitable designs include, but are not limited to, selfsupporting armless, single pole construction with vertical configuration of conductors and cable. Existing utility poles and light standards shall be used wherever practicable; the installation of additional utility poles is strongly discouraged.
(G) Facility attachments to bridges or roadway structures:
- Facilities may be installed as attachments to bridges or roadway structures only where the utility has demonstrated that all other means of accommodating the facility are not practicable. Other means shall include, but are not limited to, underground, underwater, independent poles, cable supports and tower supports, all of which are completely separated from the bridge or roadway structure. Facilities transmitting commodities that are volatile, flammable, corrosive, or energized, especially those under significant pressure or potential, present high degrees of risk and such installations are not permitted.
- A utility shall include in its request to accommodate a facility installation on a bridge or roadway structure supporting data demonstrating the impracticability of alternate routing. Approval or disapproval of an application for facility attachment to a bridge or roadway structure will be based upon the following considerations:
- (a) The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to persons and property in the event of damage to or failure of the facility;
- (b) The type, length, value, and relative importance of the highway structure in the transportation system;
- (c) The alternative routings available to the utility and their comparative practicability;
- (d) The proposed method of attachment;
- (e) The ability of the structure to bear the increased load of the proposed facility;
- (f) The degree of interference with bridge maintenance and painting;
- (g) The effect on the visual quality of the structure; and
- (h) The public benefit expected from the utility service as compared to the risk involved.
(H) Appearance standards:
- The Village may prohibit the installation of facilities in particular locations in order to preserve visual quality.
- A facility may be constructed only if its construction does not require extensive removal or alteration of trees or terrain features visible to the right-of-way user or to adjacent residents and property owners, and if it does not impair the aesthetic quality of the lands being traversed.
- xxx-addition All communications facilities shall comply with written design standards that are generally applicable for decorative utility poles, or reasonable stealth, concealment, and aesthetic requirements which may be adopted by the Village from time to time, which may include restrictions relative to design and/or concealment measures in a Historic District or on historic landmarked property or within the Village’s C5A Central Retail Core Zoning Subdistrict, but such design and/or concealment measures shall not have the effect of prohibiting any of a wireless services provider’s technology and shall not be considered part of the small wireless facility for purposes of the determining height and/or volume restrictions on a [tele]communications facility.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017; Ord. 6608, 6-25-2018; Ord. 6674, 2-25-2019)
8-6-16. — Construction methods and materials.
(A) Standards and requirements for particular types of construction methods :
- Boring or jacking:
- (a) Pits and shoring: Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the Village Director of Public Works from the edge of the pavement. Pits for boring or jacking shall be excavated no more than 48 hours in advance of boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.
- (b) Wet boring or jetting: Wet boring or jetting shall not be permitted under the roadway.
- (c) Borings with diameters greater than six inches: Borings over six inches (0.15 meters) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch)(25 millimeters).
- (d) Borings with diameters six inches or less: Borings of six inches or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method.
- (e) Tree preservation: Any facility located within the drip line of any tree designated by the Village to be preserved or protected shall be bored under or around the root system.
- Trenching: Trenching for facility installation, repair, or maintenance on rights-of-way shall be done in accord with the applicable portions of section 603 of IDOT’s “Standard Specifications For Road And Bridge Construction”.
- (a) Length: The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe/line testing. Only one-half of any intersection may have an open trench at any time unless special permission is obtained from the Village Director of Public Works.
- (b) Open trench and excavated material: Open trench and windrowed excavated material shall be protected as required by chapter 6 of the “Illinois Manual On Uniform Traffic Control Devices”. Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off road location.
- (c) Drip line of trees: The utility shall not trench within the drip line of any tree designated by the Village to be preserved.
(a) Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance with IDOT’s “Standard Specifications For Road And Bridge Construction”. When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill shall be used.
(b) For a period of three years from the date construction of a facility is completed, the utility shall be responsible to remove and restore any backfilled area that has settled due to construction of the facility. If so ordered by the Director of Public Works, the utility, at its expense, shall remove any pavement and backfill material to the top of the installed facility, place and properly compact new backfill material, and restore new pavement, sidewalk, curbs, and driveways to the proper grades, as determined by the Director of Public Works.
- Pavement cuts: Pavement cuts for facility installation or repair shall be permitted on a highway only if that portion of the highway is closed to traffic. If a variance to the limitation set forth in this subsection (A)4 is permitted under section 8-6-21 of this chapter, the following requirements shall apply:
- (a) Any excavation under pavements shall be backfilled and compacted as soon as practicable with granular material of CA-6 or CA-10 gradation, as designated by the Director of Public Works.
- (b) Restoration of pavement, in kind, shall be accomplished as soon as practicable, and temporary repair with bituminous mixture shall be provided immediately. Any subsequent failure of either the temporary repair or the restoration shall be rebuilt upon notification by the Village.
- (c) All saw cuts shall be full depth.
- (d) For all rights-of-way which have been reconstructed with a concrete surface/base in the last seven years, or resurfaced in the last three years, permits shall not be issued unless such work is determined to be an emergency repair or other work considered necessary and unforeseen before the time of the reconstruction or unless a pavement cut is necessary for a JULIE locate.
- (a) Casing pipe shall be designed to withstand the load of the highway and any other superimposed loads. The casing shall be continuous either by one piece fabrication or by welding or jointed installation approved by the Village.
- (b) The venting, if any, of any encasement shall extend within one foot (0.3 meters) of the right-of-way line. No aboveground vent pipes shall be located in the area established as clear zone for that particular section of the highway.
- (c) In the case of water main or service crossing, encasement shall be furnished between bore pits unless continuous pipe or Village approved jointed pipe is used under the roadway. Casing may be omitted only if pipe is installed prior to highway construction and carrier pipe is continuous or mechanical joints are of a type approved by the Village. Bell and spigot type pipe shall be encased regardless of installation method.
- (d) In the case of gas pipelines of 60 psig or less, encasement may be eliminated.
- (e) In the case of gas pipelines or petroleum products pipelines with installations of more than 60 psig, encasement may be eliminated only if: 1) extra heavy pipe is used that precludes future maintenance or repair and 2) cathodic protection of the pipe is provided.
- (f) If encasement is eliminated for a gas or petroleum products pipeline, the facility shall be located so as to provide that construction does not disrupt the right-of-way.
- Minimum cover of underground facilities: Cover shall be provided and maintained at least in the amount specified in the following table for minimum cover for the type of facility:
|Type Of Facility||Minimum Cover|
|Electric lines||30 inches (0.8 m)|
|Communication, cable or video service lines||24 inches (0.6 m, as determined by Village)|
|Gas or petroleum products||30 inches (0.8 m)|
|Water line||Sufficient cover to provide freeze protection|
|Sanitary sewer, storm sewer, or drainage line||Sufficient cover to provide freeze protection|
(B) Standards and requirements for particular types of facilities :
- Electric power or communication lines:
- (a) Code compliance: Electric power or communications facilities within Village rights-of-way shall be constructed, operated, and maintained in conformity with the provisions of 83 Illinois Administrative Code Part 305 (formerly General Order 160 of the Illinois Commerce Commission) entitled “Rules for Construction of Electric Power and Communication Lines”, and the National Electrical Safety Code.
- (b) Overhead facilities: Overhead power or communication facilities shall use single pole construction and, where practicable, joint use of poles shall be used. Utilities shall make every reasonable effort to design the installation so guys and braces will not be needed. Variances may be allowed if there is no feasible alternative and if guywires are equipped with guy guards for maximum visibility.
- (c) Underground facilities:
- (1) Cable may be installed by trenching or plowing, provided that special consideration is given to boring in order to minimize damage when crossing improved entrances and side roads.
- (2) If a crossing is installed by boring or jacking, encasement shall be provided between jacking or bore pits. Encasement may be eliminated only if: a) the crossing is installed by the use of “moles”, “whip augers”, or other approved methods which compress the earth to make the opening for cable installation or b) the installation is by the open trench method which is only permitted prior to roadway construction.
(3) Cable shall be grounded in accordance with the national electrical safety code.
(d) Burial of drops: All temporary service drops placed between November 1 of the prior year and March 15 of the current year, also known as snow drops, shall be buried by May 31 of the current year, weather permitting, unless otherwise permitted by the Village. Weather permitting, utilities shall bury all temporary drops, excluding snow drops, within ten business days after placement.
- Underground facilities other than electric power or communication lines: Underground facilities other than electric power or communication lines may be installed by:
- (a) The use of “moles”, “whip augers”, or other approved methods which compress the earth to move the opening for the pipe;
- (b) Jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway;
- (c) Open trench with vented encasement between ultimate ditch lines or toes of slopes, but only if prior to roadway construction; or
- (d) Tunneling with vented encasement, but only if installation is not possible by other means.
- Gas transmission, distribution and service: Gas pipelines within rights-of-way shall be constructed, maintained, and operated in a Village approved manner and in conformance with the Federal Code of the Office of Pipeline Safety Operations, Department of Transportation, Part 192 – Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards (49 CFR Section 192), IDOT’s “Standard Specifications For Road And Bridge Construction”, and all other applicable laws, rules, and regulations.
- Petroleum products pipelines: Petroleum products pipelines within rights-of-way shall conform to the applicable sections of ANSI standard code for pressure piping (liquid petroleum transportation piping systems ANSI-B 31.4).
- Water lines, sanitary sewer lines, storm water sewer lines or drainage lines: Water lines, sanitary sewer lines, storm sewer lines, and drainage lines within rights-of-way shall meet or exceed the recommendations of the current “Standard Specifications For Water And Sewer Main Construction In Illinois.”
- Ground mounted appurtenances: Ground mounted appurtenances to overhead or underground facilities, when permitted within a right-of-way, shall be provided with a vegetation free area extending one foot (305 millimeters) in width beyond the appurtenance in all directions. The vegetation free area may be provided by an extension of the mounting pad, or by heavy duty plastic or similar material approved by the Director of Public Works. With the approval of the Director of Public Works, shrubbery surrounding the appurtenance may be used in place of vegetation free area. The housing for ground mounted appurtenances shall be painted a neutral color to blend with the surroundings.
- General standards: The materials used in constructing facilities within rights-of-way shall be those meeting the accepted standards of the appropriate industry, the applicable portions of IDOT’s “Standard Specifications For Road And Bridge Construction”, the requirements of the Illinois commerce commission, or the standards established by other official regulatory agencies for the appropriate industry.
- Material storage on right-of-way: No material shall be stored on the right-of-way without the prior written approval of the Village Director of Public Works. When such storage is permitted, all pipe, conduit, wire, poles, cross arms, or other materials shall be distributed along the right-ofway prior to and during installation in a manner to minimize hazards to the public or an obstacle to right-of-way maintenance or damage to the right-of-way and other property. If material is to be stored on right-of-way, prior approval must be obtained from the Village.
- Hazardous materials: The plans submitted by the utility to the Village shall identify any hazardous materials that may be involved in the construction of the new facilities or removal of any existing facilities.
(D) Operational restrictions:
- Construction operations on rights-of-way may, at the discretion of the Village, be required to be discontinued when such operations would create hazards to traffic or the public health, safety, and welfare. Such operations may also be required to be discontinued or restricted when conditions are such that construction would result in extensive damage to the right-of-way or other property.
- These restrictions may be waived by the Director of Public Works when emergency work is required to restore vital utility services.
- Unless otherwise permitted by the Village, the hours of construction are those set forth in section 4-1-5 of this Code.
(E) Location of existing facilities: Any utility proposing to construct facilities in the Village shall contact JULIE and ascertain the presence and location of existing aboveground and underground facilities within the rights-of-way to be occupied by its proposed facilities. The Village will make its permit records available to a utility for the purpose of identifying possible facilities. When notified of an excavation or when requested by the Village or by JULIE, a utility shall locate and physically mark its underground facilities within 48 hours, excluding weekends and holidays, in accordance with the Illinois Underground Facilities Damage Prevention Act.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017)
8-6-17. — Vegetation control.
(A) Electric utilities; compliance with state laws and regulations: An electric utility shall conduct all tree trimming and vegetation control activities in the right-of-way in accordance with applicable Illinois laws and regulations, and additionally, with such local franchise or other agreement with the Village as permitted by law.
(B) Other utilities; tree trimming permit required: Tree trimming that is done by any other utility with facilities in the right-of-way and that is not performed pursuant to applicable Illinois laws and regulations specifically governing same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this chapter.
- Application for tree trimming permit : Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.
- Damage to trees : Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The Village will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The Village may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.
(C) Specimen trees or trees of special significance: The Village may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.
(D) Chemical use:
- Except as provided in the following subsection, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the Village for any purpose, including the control of growth, insects or disease.
- Spraying of any type of brush killing chemicals will not be permitted on rights-of-way unless the utility demonstrates to the satisfaction of the Director of Public Works that such spraying is the only practicable method of vegetation control.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017)
8-6-18. — Removal, relocation, or modifications of utility facilities.
(A) Notice : Within 90 days following written notice from the Village, a utility shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any utility facilities within the rights-of-way whenever the corporate authorities have determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any Village improvement in or upon, or the operations of the Village in or upon, the rights-of-way.
(B) Removal of unauthorized facilities : Within 30 days following written notice from the Village, any utility that owns, controls, or maintains any unauthorized facility or related appurtenances within the rightsof-way shall, at its own expense, remove all or any part of such facilities or appurtenances from the rights-of-way. A facility is unauthorized and subject to removal in the following circumstances:
- Upon expiration or termination of the permittee’s license or franchise, unless otherwise permitted by applicable law;
- If the facility was constructed or installed without the prior grant of a license or franchise, if required;
- If the facility was constructed or installed without prior issuance of a required permit in violation of this chapter; or
- If the facility was constructed or installed at a location not permitted by the permittee’s license or franchise.
(C) Emergency removal or relocation of facilities: The Village retains the right and privilege to cut or move any facilities located within the rights-of-way of the Village, as the Village may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the municipality shall attempt to notify the utility, if known, prior to cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility
(D) Abandonment of facilities: Upon abandonment of a facility within the rights-of-way of the Village, the utility shall notify the Village within 90 days. Following receipt of such notice the Village may direct the utility to remove all or any portion of the facility if the Village Director of Public Works determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the Village does not direct the utility that abandoned the facility to remove it, by giving notice of abandonment to the Village, the abandoning utility shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person.
(E) Relocation of Village utilities: In the event that the Village decides to relocate underground all of the overhead utilities supported by a utility pole upon which a [tele]communications facility is located, the licensee of the [tele]communications facility shall decommission and remove all associated equipment, equipment cabinets, equipment shelters, antennas, wiring, cabling, conduits, cable covers, etc. that comprise the [tele]communications facility within 30 days written notice from the Village. All utility lines, cables or wiring, or portions thereof that service the affected [tele]communications facility and will be abandoned due to the decommissioning of the [tele]communications facility shall be removed by the licensee of the [tele]communications facility.
(F) Interference with public project improvements: In the event the Village undertakes a public improvement requiring the moving a utility pole on which a [tele]communications facility is located, all such relocation work and expenses shall be borne by the utility pole user including, but not limited to the Licensee of the [tele]communications facility.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017)
8-6-19. — Cleanup and restoration.
The utility shall remove all excess material and restore all turf and terrain and other property within ten days after any portion of the rights-of-way are disturbed, damaged or destroyed due to construction or maintenance by the utility, all to the satisfaction of the Village. This includes restoration of entrances and side roads. Restoration of roadway surfaces shall be made using materials and methods approved by the Village Director of Public Works. Such cleanup and repair may be required to consist of backfilling, regrading, reseeding, resodding, or any other requirement to restore the right-of-way to a condition substantially equivalent to that which existed prior to the commencement of the project. The time period provided in this section may be extended by the Village Director of Public Works for good cause shown.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017)
8-6-20. — Maintenance and emergency maintenance.
(A) General: Facilities on, over, above, along, upon, under, across, or within rights-of-way are to be maintained by or for the utility in a manner satisfactory to the Village and at the utility’s expense.
(B) Emergency maintenance procedures : Emergencies may justify noncompliance with normal
procedures for securing a permit:
- If an emergency creates a hazard on the traveled portion of the right-of-way, the utility shall take immediate steps to provide all necessary protection for traffic on the highway or the public on the right-of-way including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, adequate signs and lights shall be provided. Parking on the shoulder in such an emergency will only be permitted when no other means of access to the facility is available.
- In an emergency, the utility shall, as soon as possible, notify the Village Director of Public Works or his or her duly authorized agent of the emergency, informing him or her as to what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs. If the nature of the emergency is such as to interfere with the free movement of traffic, the Village police shall be notified immediately.
- In an emergency, the utility shall use all means at hand to complete repairs as rapidly as practicable and with the least inconvenience to the traveling public.
(C) Emergency repairs: The utility must file in writing with the Village a description of the repairs undertaken in the right-of-way within 48 hours after an emergency repair.
(D) Communications sites and facilities including, but not limited to all landscaping, fencing and related transmission equipment shall be maintained in accordance with the approved plans and conditions for approval, and in accordance with the Village’s building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety, and structurally sound and in good repair to prevent deterioration of the pole, peeling paint, loose structural or electrical connections or attachments, and unwarranted equipment noise. xxx-addition The Telecommunications Provider shall provide the Village with a minimum forty-eight (48) hours’ notice prior to start of any routine maintenance. Notification shall be provided to the Director of the Public Works Department.
(E) Within 30 days of the newly installed or modified [tele]communications facility’s first receipt or transmission of communications signals, and yon a quarterly basis thereafter, the licensee of the [tele]communications facility shall submit to the Village a certified written report from a consultant approved by the Village of Glen Ellyn which indicates that the level of total electronic transmissions from the [tele]communications facility does not exceed the maximum permitted electronic transmission exposure limit for general population/uncontrolled permitted by any federal [or] state regulatory agency at the time of issuance of the permit. xxx-addition The quarterly report shall state whether each of the Telecommunications Provider’s communications facilities operated within the Village are compliant with the Federal Communications Commission’s radio frequency emission limits for the immediately prior quarterly reporting period. The certified quarterly report shall be delivered to the Village Manager no later than the 30th day of the month following the end of the calendar quarter.
- Radiofrequency field testing shall be performed at and around the site of the [tele]communications facility in accordance with the current edition of the Federal Communications Commission Office of Engineering and Technology (OET) Bulletin 65 for on-site testing. Points of interest shall be selected to measure the power density at areas including, but not limited to the following locations:
- (a) Persons passing by the [tele]communications facility.
- (b) At the closest exterior wall of the nearest residential dwelling unit to the [tele]communications facility, taken at a height of two meters above the first floor level and one meter above any second or third floor level.
- (c) xxx-addition to (8-6-21) For rooftop communications facilities, within any occupiable room directly beneath or directly behind antennas of such installations, taken at a height of two meters above the occupiable floor level immediately below the RADrad center of the antennas.
- (d) For communications facilities with wall-mounted antennas, within any occupiable room directly above and below such antenna installations, taken at a height of two meters above the floor level immediately above and below the rad center of the antennas.
Telecommunications Providers shall, upon request of the Village at any time, perform radio frequency testing of any or all communications facilities, provide such testing results to the Village, and shall promptly respond to all Village requests for information and/or cooperation with respect to any of the foregoing. Village staff may, at the Village’s option, accompany the wireless provider or its agents in the performance of such testing. The Village has the right, but not the obligation, to employ a qualified radio frequency engineer to conduct annual random and unannounced testing of permitted communications facilities to determine their compliance with all FCC radio frequency emission limits. In the event the Village decides to perform its own testing, the Telecommunications Provider shall allow the Village or its designee to have supervised access to the areas near the [tele]communications facility for inspections and field measurements. Any [tele]communications facility found not to comply with FCC radio frequency emission standards shall be immediately reported by the Telecommunications Provider to the FCC, with a copy of such report sent at the same time to the Village Manager, and shall be powered-down, adjusted, repaired, and/or replaced, or shut off and/or removed by the Telecommunications pProvider within three (3) calendar days of the provider becoming aware of the violation.
Communications facilities that exceed the FCC’s radio frequency emissions standards are declared a public nuisance, and may be summarily abated by the Village. Failure by a Telecommunications Provider to cure a violation of the FCC radio frequency emission standards within three (3) calendar days shall result in a revocation of the applicable [tele]communications facility permit, and/or a citation for maintaining a public nuisance with a fine in the amount of seven hundred and fifty dollars ($750), with each day of continued operation without cure being a separate violation. In the event the Village determines a [tele]communications facility is not in compliance with any legal requirements or conditions related to radio frequency, the Telecommunications Provider shall, in addition to the foregoing, be responsible for all costs and expenses incurred by the Village in connection with the investigation, testing, enforcement and/or remediation of such noncompliance.
(G) Utility equipment located in the public right-of-way and in residentially zoned districts shall be operated in such a manner so as to minimize any possible disruption to residents and occupants of nearby buildings caused by noise.
- Within 30 days of the newly installed or modified [tele]communications facility’s first receipt or transmission of communications signals, the Telecommunications Provider shall submit a written report that analyzes acoustic levels for the [tele]communications facility and all associated equipment including, without limitation, all environmental control units, sump pumps, temporary backup power generators and, and permanent backup power generators in order to demonstrate compliance with applicable Village noise regulations, including, but not limited to, chapter 10-5-13. The acoustic analysis must be prepared and certified by an Illinois Licensed Professional Engineer and include an analysis of the manufacturers’ specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of a written report, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits.
- Backup generators, if needed, shall only be operated during periods of power outages, and for no more than one weekly testing period not to exceed fifteen (15) minutes, and shall not be tested on weekends or legal holidays, or between the hours of 5:00 p.m. and 7:00 a.m.
- Except during periods of power outages, or during testing authorized pursuant to paragraph G.2 above, at no time shall any utility facility in a residentially zoned area be permitted to exceed 45 dBA or any other applicable noise levels imposed by codes adopted by the Village.
(H) The [tele]communications facility licensee shall remove any graffiti on the facility at the Licensee’s sole expense within 72 hours of receipt of a written notice to remove the graffiti.
(I) Public Safety Technology: A Telecommunications Provider’s operation of a [tele]communications facility may not interfere with the frequencies used by a public safety agency for public safety communications. A Telecommunications Provider must install communications facilities of the type and frequency that will not cause unacceptable interference with a public safety agency’s communications equipment. Unacceptable interference is determined by and measured in accordance with industry standards and the FCC’s regulations addressing unacceptable interference to public safety spectrum or any other spectrum licenses by a public safety agency. If a [tele]communications facility causes such interference, and the Telecommunications Provider has been given written notice of the interference by the public safety agency, the Telecommunications Provider, at its own expense, shall take all reasonable steps necessary to correct and eliminate the interference, including, but not limited to, powering down the [tele]communications facility and later powering up the [tele]communications facility for intermittent testing, if necessary.
The Village may terminate a permit for a [tele]communications facility based on such interference if the Telecommunications Provider is not making a good faith effort to remedy the problem in a manner consistent with the abatement and resolution procedures for interference with public safety spectrum established by the FCC, including 47 CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR 90.675. The burden to establish the good faith effort shall be on the Telecommunications Provider, which shall timely deliver to the Village all information necessary to demonstrate its efforts to resolve the interference consistent with the Code of Federal Regulations sections cited above. Failure to remedy the interference as required herein shall constitute a public nuisance and the [tele]communications facility may be abated through the procedures for abatement of such nuisances set forth in this code.
8-6-21. — Variances.
(A) Request for variance: A utility requesting a variance from one or more of the provisions of this chapter must do so in writing to the Village Director of Public Works as a part of the permit application. The request shall identify each provision of this chapter from which a variance is requested and the reasons why a variance should be granted.
(B) Authority to grant variances: The Village Director of Public Works shall decide whether a variance is authorized for each provision of this chapter identified in the variance request on an individual basis.
(C) Conditions for granting of variance: The Village Director of Public Works may authorize a variance only if the utility requesting the variance has demonstrated that:
- One or more conditions not under the control of the utility (such as terrain features or an irregular right-of-way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and
- All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach.
(D) Additional conditions for granting of a variance: As a condition for authorizing a variance, the Village Director of Public Works may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this chapter but which carry out the purposes of this chapter.
(E) Right to appeal: Any utility aggrieved by any order, requirement, decision or determination, including denial of a variance, made by the Village Director of Public Works under the provisions of this chapter shall have the right to appeal to the Village Bboard, or such other board or commission as it may designate. The application for appeal shall be submitted in writing to the Village clerk within 30 days after the date of such order, requirement, decision or determination. The Village board shall commence its consideration of the appeal at the board’s next regularly scheduled meeting occurring at least seven days after the filing of the appeal. The Village Bboard shall timely decide the appeal.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017)
8-6-22. — Penalties
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter shall be subject to fine in accordance with the penalty provisions of this Code. There may be times when the Village will incur delay or other costs, including third party claims, because the utility will not or cannot perform its duties under its permit and this chapter. Unless the utility shows that another allocation of the cost of undertaking the requested action is appropriate, the utility shall bear the Village’s costs of damages and its costs of installing, maintaining, modifying, relocating, or removing the facility that is the subject of the permit. No other administrative agency or commission may review or overrule a permit related cost apportionment of the Village. Sanctions may be imposed upon a utility that does not pay the costs apportioned to it.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017)
8-6-23. — Enforcement.
Nothing in this chapter shall be construed as limiting any additional or further remedies that the Village may have for enforcement of this chapter.
(Ord. 5621, 10-22-2007; Ord. 6494, 6-26-2017)