Ordinance 2017-35 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2017-35
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS,
REGULATING SMALL CELL WIRELESS TELECOMMUNICATIONS FACILITIES
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 27t'day of June,2017
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on July 14,2017.
Ordinance No.2017-25�
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,ILLINOIS
REGULATING SMALL CELL WIRELESS TELECOMMUNICATION FACILITIES
WHEREAS,the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, the City uses the public rights-of-way within its corporate limits to provide
essential public services to its residents and businesses and is authorized to regulate the public
right-of-way under Section 11-80-1 of the Illinois Municipal Code (65 ILCS 5/11-80-1 et seq.);
and,
WHEREAS, the public rights-of-way within the City are a limited public resource held
by the City for the benefit of its citizens and the City 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 Mayor and City Council (the "Corporate Authorities") has previously
adopted in Chapter 8 of Title 7, entitled CONSTRUCTION OF UTILITY FACILITIES IN
RIGHTS-OF-WAY, of the Yorkville City Code, that established policies and procedures for
construction of facilities on rights-of-way within the City which will provide public benefit
consistent with the preservation of the integrity, safe usage and visual qualities of the City's
rights-of-way and the City as a whole; and,
WHEREAS, wireless telecommunication providers desire to install numerous new small
cell wireless telecommunication facilities ("Small Cells") located within public rights-of-way
within the City; and,
WHEREAS, the Corporate Authorities desires to regulate the installation and location of
Small Cells to minimize these adverse impacts and to equitably allocate opportunities to install
and maintain Small Cells at locations within the City in accordance with applicable federal and
State Law; and,
WHEREAS, in anticipation of continued increased demand for placement of small cell
facilities, distributed antenna systems, and other personal wireless telecommunication facility
installations within the public right-of-way, the Corporate Authorities finds that it is in the best
interests of the public health, safety and general welfare of the City to adopt this ordinance in
order to establish generally applicable standards for construction, installation, use, maintenance
and repair of such facilities, systems and installations within the public right-of-way in the City
so as to, among other things: (i) prevent interference with the facilities and operations of the
City's utilities and of other utilities lawfully located in public right-of-way or property, (ii)
Ordinance No.2017- 35
Page 2
provide specific regulations and standards for the placement and siting of personal wireless
telecommunication facilities within public right-of-way in the City, (iii) preserve the character
of the neighborhoods in which facilities are installed, (iv)minimize any adverse visual impact of
personal wireless telecommunication facilities and prevent visual blight in the neighborhoods in
which facilities are installed, (v) facilitate the location of personal wireless telecommunication
facilities in permitted locations within the public right-of-way in the City, and (vi) assure the
continued safe use and enjoyment of private properties adjacent to personal wireless
telecommunication facilities.
NOW THEREFORE BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That Section 7-8-2 of the Yorkville City Code be and is hereby amended by
adding the following definitions to read as follows:
"ALTERNATIVE ANTENNA STRUCTURE: An existing pole or other structure within the
public right-of-way that can be used to support an antenna and is not a utility pole or a City-
owned infrastructure that may be designed to shield, conceal or disguise the presence of antennas
or towers and blend with the surrounding setting. Alternative structures may include,but are not
limited to,unobtrusive architectural features on new or existing structures, clock towers,
flagpoles and church steeples.
ANTENNA: Communications equipment that transmits or receives electromagnetic radio signals
used in the provision of any type of wireless communications services.
CITY—OWNED INFRASTRUCTURE: Infrastructure in public right-of-way within the
boundaries of the city, including,but not limited to, streetlights,traffic signals, towers,
structures, or buildings owned, operated or maintained by the City.
DISTRIBUTED ANTENNA SYSTEM (DAS): A type of personal wireless telecommunication
facility consisting of a network of spatially separated antenna nodes connected to a common
source via a transport medium that provides wireless service within a geographic area.
LANDSCAPE SCREENING: The installation at grade of plantings, shrubbery,bushes or other
foliage intended to screen the base of a personal wireless telecommunication facility from public
view.
MONOPOLE: A structure composed of a single spire,pole or tower designed and used to
support antennas or related equipment and that is not a utility pole, an alternative antenna
structure, or a City-owned infrastructure.
PERSONAL WIRELESS TELECOMMUNICATION ANTENNA: An antenna that is part of a
personal wireless telecommunications facility.
Ordinance No.2017- B6
Page 3
PERSONAL WIRELESS TELECOMMUNICATION EQUIPMENT: Equipment, exclusive of
an antenna, that is part of a personal wireless telecommunications facility.
PERSONAL WIRELESS TELECOMMUNICATION FACILITY: An antenna, equipment, and
related improvements used, or designed to be used,to provide wireless transmission of voice,
data video streams, images, or other information including,but not limited to, cellular phone
service,personal communication service,paging, and Wi-Fi antenna service.
SMALL CELL FACILITIES: A Personal Wireless Telecommunications Facility consisting of an
antenna and related equipment either installed singly or as part of a network to provide coverage
or enhance capacity in a limited defined area.
TOWER: Any structure that is designed and constructed primarily for the purpose of supporting
one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers,
and that is not a utility pole, an alternative antenna structure, or a City-owned infrastructure.
UTILITY POLE: An upright pole designed and used to support electric cables,telephone cables,
telecommunication cables, cable service cables, which are used to provide lighting,traffic
control, signage, or a similar function.
WI-FI ANTENNA: An antenna used to support Wi-Fi broadband Internet access service based
on the IEEE 802.11 standard that typically uses unlicensed spectrum to enable communication
between devices."
Section 2: That Section 7-8-15F of the Yorkville City Code be and is hereby amended by
adding subsections 4 through 13 to read as follows:
"4.No more than two (2)personal wireless telecommunications facilities will be permitted on
utility poles or Alternative Antenna Structure of ninety(90) feet or less.
5. No more than three(3)personal wireless telecommunications facilities will be permitted on
utility poles or Alternative Antenna Structure in excess of ninety(90) feet and less than one-
hundred and twenty(120) feet.
6. Personal wireless telecommunication facilities may be attached to a utility pole, alternative
antenna structure,monopole, or City-owned infrastructure only where such pole, structure or
infrastructure is located no closer than a distance equal to one hundred(100)percent of the
height of such a facility to any residential building and no closer than five hundred(500) feet
from any other personal wireless telecommunication facility.
7. The personal wireless telecommunication antenna, including antenna panels,whip antennas
or dish-shaped antennas, cannot have a surface area of more than seven(7) cubic feet in volume.
8. The total combined volume of all above-ground equipment and appurtenances comprising a
personal wireless telecommunication facility, exclusive of the antenna itself, cannot exceed
thirty-two (32) cubic feet.
Ordinance No.2017- 35
Page 4
9. The operator of a personal wireless telecommunication facility must, whenever possible,
locate the base of the equipment or appurtenances at a height of no lower than eight(8) feet
above grade.
10. The top of the highest point of the antenna cannot extend more than seven(7) feet above the
highest point of the utility pole, alternative antenna support structure, tower or City-owned
infrastructure. If necessary, the new replacement or new utility pole, alternative antenna support
structure, or City-owned infrastructure located within the public right of way may be no more
than ten 10 feet higher than existing poles adjacent to the replacement or new pole structure, or
no more than ninety(90) feet in height overall, whichever is less.
11. A personal wireless telecommunication facility, including all related equipment and
appurtenances,must be a color that blends with the surrounding pole, structure tower or
infrastructure on which it is mounted and use non-reflective materials which blend with the
materials and colors of the surrounding area and structures. Any wiring must be covered with an
appropriate cover.
12. Extensions to utility poles, alternative support structures,towers and City-owned
infrastructure utilized for the purpose of connecting a personal wireless telecommunications
antenna and its related personal wireless telecommunications equipment must have a degree of
strength capable of supporting the antenna and any related appurtenances and cabling and
capable of withstanding wind forces and ice loads in accordance with the applicable structural
integrity standards(National Electric Safety Code, ANSI, and EIA). The evaluation of the
structural integrity must be prepared by a professional structural engineer licensed in the State of
Illinois. An extension must be securely bound to the utility pole, alternative antenna structure,
tower or City-owned infrastructure in accordance with applicable engineering standards for the
design and attachment of such extensions.
14.New Towers: No new monopole or other tower to support personal wireless
telecommunication facilities shall be installed on rights of way within the corporate limits of the
City unless specifically authorized by the Corporate Authorities based on clear and convincing
evidence provided by the applicant, that locating the personal wireless telecommunications
facilities on the right-of-way is necessary to close a significant coverage or capacity gap in the
Applicant's services or to otherwise provide adequate services to customers, and the proposed
new monopole or other tower within the right-of-way is the least intrusive means to do so.
Section 3: That Section 10-18-1 of the Yorkville City Code be and is hereby amended by
amending the definition of ANTENNA to read as follows:
"ANTENNA: Communications equipment that transmits or receives electromagnetic radio
signals used in the provision of any type of wireless communications services."
Section 4: That Section 10-18-1 of the Yorkville City Code be and is hereby amended by
deleting the following definitions:
Ordinance No.2017- 35
Page 5
BACKHAUL NETWORK
TOWER AND ANTENNA ORDINANCE
UNLICENSED WIRELESS SERVICE
Section 5: That Section 10-18-2 of the Yorkville City Code be and is hereby amended by
adding a new subsection E. to read as follows:
"E. If the Tower and/or Antenna is situated within the Public Right of Way, such tower
and/or antenna must meet the requirements of Chapter 8, Construction of Utility Facilities in
Rights of Way."
Section 6: This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this,
day of o7�d� , 2017.
CITY CLERK
tl
CARLO COLOSIMO n KEN KOCH l
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS ALEX HERNANDEZ
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 30
day of J V N E. 92017. f!�'
C
AY-OR
Ordinance No.2017-
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