Planning and Zoning Commission Packet 2018 07-18-18 special
PLANNING AND ZONING
COMMISSION AGENDA
SPECIAL MEETING
Wednesday, July 18, 2018
7:00 PM
Yorkville City Hall Council Chambers
800 Game Farm Road
Meeting Called to Order: 7:00 p.m.
Roll Call:
Previous Meeting Minutes: June 13, 2018
Citizen’s Comments
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Public Hearings
1. PZC 2018-13 The United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text
amendment for consideration of updates to “Chapter 18: Telecommunication Tower and Antenna
Regulations” of the United City of Yorkville Zoning Ordinance.
Unfinished Business
New Business
1. PZC 2018-13 The United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a text
amendment for consideration of updates to “Chapter 18: Telecommunication Tower and Antenna
Regulations” of the United City of Yorkville Zoning Ordinance.
Action Item
Text Amendment
Additional Business
1. City Council Action Updates
a. PZC 2018-10 James Mcnamara, petitioner, has filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting an accessory structure location variance for
515 West Madison Street. The purpose of this request is to allow a detached garage to be
placed in the front yard.
City Council Action:
Approved
b. PZC 2018-11 Michael and Dayle Saar have filed an application with Kendall County
requesting a rezone from A-1 Agricultural District to R-1 Residential District on 4.2 acres of
unincorporated land to market the site for single family residential use.
City Council Action
No Objection
Adjournment
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
Page 1 of 2
DRAFT
PLANNING & ZONING COMMISSION
City Council Chambers
800 Game Farm Road, Yorkville, Il
Wednesday, June 13, 2018 7:00pm
Meeting Called to Order
Acting Chairman Reagan Goins called the meeting to order at 7:00pm, roll was called
and a quorum was established.
Roll Call:
Don Marcum-yes, Bill Gockman-yes, Reagan Goins-yes, Deborah Horaz-yes
Absent: Jeff Olson, Richard Vinyard, Randy Harker
City Staff
Jason Engberg, Senior Planner Lynn Dubajic, City Consultant
Other Guests
Christine Vitosh, Depo Court James McNamara
Matt Asselmeier, Kendall County PZB Mike Saar
Previous Meeting Minutes May 9, 2018
The minutes were approved as presented on a motion and second by Commissioners
Marcum and Gockman, respectively. No discussion or questions.
Citizen’s Comments None
Public Hearing
Commissioner Goins explained the procedure for the Hearing and swore in those who
would present testimony. A motion was made and seconded by Ms. Horaz and Mr.
Gockman, respectively, at approximately 7:02pm, to open the Public Hearing.
Roll call: Gockman-yes, Goins-yes, Horaz-yes, Marcum-yes Motion carried 4-0.
1. PZC2018-10 James McNamara, petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting an accessory
structure location variance for 515 W. Madison Street. The purpose of this
request is to allow a detached garage to be placed in the front yard. The real
property, zoned R-2 Traditional Family Residence District, is located at the
west end of West Madison Street.
(see Court Reporter's Transcript)
The Hearing was closed at approximately 7:07pm on a motion by Mr. Marcum and
second by Ms. Horaz.
Roll call: Gockman-yes, Goins-yes, Horaz-yes, Marcum-yes. Motion carried 4-0.
Page 2 of 2
Unfinished Business None
New Business
1. PZC 2018-10 James McNamara (see above description)
Action Item
Variance
There was no discussion and Ms. Goins reviewed the Findings of Fact with the
Commission. Ms. Horaz and Mr. Marcum, respectively, moved and seconded to approve
them and made a motion as follows: In consideration of testimony presented during a
Public Hearing on June 13, 2018 and approval of the Findings of Fact, the Planning and
Zoning Commission recommends approval of a request to vary the accessory structure
location regulation contained in Section 10-3-12 of the United City of Yorkville Zoning
Ordinance to permit a detached accessory garage located in the front yard of the subject
property.
Roll call: Goins-yes, Horaz-yes, Marcum-yes. Gockman-yes. Carried 4-0.
2. PZC 2018-11 Michael and Dayle Saar have filed an application with Kendall
County requesting a rezone from A-1 Agricultural District to R-1 Residential
District on 4.2 acres of unincorporated land to market the site for single
family residential use. The real property is located along the south edge of
Route 71 just south of the Timbercreek Drive and Route 71 intersection.
Matt Asselmeier said Mr. Saar wishes to retain ownership of the northeast portion of the
lot and market the rest of the property as a single site.
Action Item
Mile and One Half Review
The Commissioners had no issue with the request.
Additional Business
Mr. Engberg discussed the Downtown Form Based Code and Streetscape Plan public
outreach event to be held during the Summer Solstice festival. They are seeking
feedback from the public. Mr. Marcum commented that he saw A WSPY news feed
regarding an idea to reduce the number of driving lanes to 3 in downtown Yorkville, to
increase parking. However, Mr. Engberg said it will most likely be pulled from the plan
due to some opposition.
Adjournment
There was no further business and the meeting was adjourned at 7:18pm on a motion by
Commissioners Gockman and Marcum, respectively. Approved on voice vote.
Respectfully submitted by
Marlys Young, Minute Taker
PZC - June 13, 2018 - Public Hearing
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5 UNITED CITY OF YORKVILLE
6 YORKVILLE, ILLINOIS
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9 PLANNING AND ZONING COMMISSION MEETING
10 PUBLIC HEARING
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15 800 Game Farm Road
16 Yorkville, Illinois
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19 Wednesday, June 13, 2018
20 7 : 00 p .m.
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1 PRESENT :
2 Ms . Reagan Flavin Goins, Chairman,
3 Ms . Deborah Horaz,
4 Mr . Bill Gockman,
5 Mr . Donald Marcum.
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8 ALSO PRESENT :
9 Mr . Jason Engberg, Senior Planner,
10 Ms . Marlys Young, Minute Taker .
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1 WHEREUPON, the following
2 proceedings were had in
3 public hearing : )
4 CHAIRMAN GOINS : There is one public
5 hearing scheduled for tonight ' s Planning and
6 Zoning Commission meeting. The purpose of this
7 hearing is to invite testimony from members of
8 the public regarding the proposed request that is
9 being considered before this commission tonight .
10 Public testimony from persons
11 present who wish to speak may be for or against
12 the request or to ask questions of the petitioner
13 regarding the request being heard .
14 Those persons wishing to testify are
15 asked to speak clearly, one at a time, and state
16 your name and who you represent, if anyone . You
17 are also asked to sign in at the podium.
18 If you plan to speak during
19 tonight ' s public hearing as a petitioner or as a
20 member of the public, please stand -- anybody
21 wishing to speak, please stand -- raise your
22 right hand, and repeat after me .
23 Witness sworn. )
24 CHAIRMAN GOINS : The order for receiving
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1 testimony will be as follows : First will be the
2 petitioner presentation; second, those who wish
3 to speak in favor of the request; third, those
4 who wish to speak in opposition of the request;
5 fourth, questions from the Planning and Zoning
6 Commissioners to the petitioner .
7 May I have a motion to open the
8 public hearing on Petition number PZC 2018-10?
9 MS . HORAZ : So moved.
10 MR. GOCKMAN : Second.
11 CHAIRMAN GOINS : Roll call vote on the
12 motion please .
13 MS . YOUNG: Gockman.
14 MR . GOCKMAN : Yes .
15 MS . YOUNG: Goins .
16 CHAIRMAN GOINS : Yes .
17 MS . YOUNG: Horaz .
18 MS . HORAZ : Yes .
19 MS . YOUNG: And Marcum.
20 MR. MARCUM: Yes .
21 CHAIRMAN GOINS : Moving on to the public
22 hearing, PZC 2018-10 --
23 MR . ENGBERG: Can we get someone to read
24 the agenda item, or you can do it?
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PZC - June 13, 2018 - Public Hearing
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1 CHAIRMAN GOINS : Public hearing PZC
2 2018-10, James McNamara, petitioner, has filed an
3 application with the United City of Yorkville,
4 Kendall County, Illinois, requesting an accessory
5 structure location variance for 515 West Madison
6 Street . The purpose of this request is to allow
7 a detached garage to be placed in the front
8 yard.
9 The real property is zoned R-2
10 Traditional Family Residence District and is
11 located at the west end of West Madison Street .
12 MR. ENGBERG: All right . And I put a
13 memo in here outlining everything . Mr . McNamara
14 is here, if you want to give us a rundown of what
15 you are requesting .
16 MR . McNAMARA: Sure . Do you want me
17 over here?
18 MR . ENGBERG: Sure .
19 MR. McNAMARA: I 'm not much of a public
20 speaker, but there ' s not much public here .
21 My lot is a very unusual shape and
22 size . In order for me to look at putting a
23 garage in, it doesn ' t fall under the zoning that
24 I had hoped it would have done, so, hence, this
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1 is why I 'm here today .
2 I think you have copies of where I 'm
3 going to put it, and the main issue is everything
4 behind me is unaccessible, so my back yard is --
5 I don ' t have a driveway that goes to it, and my
6 side yard, it falls off into a valley or a
7 ravine, whichever you ' d like to call it, so the
8 only feasible place to put the garage is where
9 I ' ve stated.
10 There is ten houses immediately on
11 West Madison; nine of them have two-car garages ,
12 both detached, attached, some of them slightly
13 forward of the house line, some of them -- you
14 know, it ' s very individual on our street .
15 I understand that the zoning is --
16 if I was in a subdivision and I wanted to put a
17 two-car garage at the front of my house, it would
18 look unusual, but I don ' t think it does in any
19 way, shape or form. If anything, it ties into my
20 closest neighbor where her garage is, so, yeah.
21 MR. ENGBERG: And, additionally, I added
22 some of the pictures Mr . McNamara gave me of the
23 location . He needs the garage because there is a
24 giant walnut tree sprinkling down walnuts all
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1 over the driveway, so he ' s kind of got a
2 makeshift tent thing .
3 That ' s kind of where the garage
4 would go, and then the rest of the details on the
5 shape of the lot and how it ' s sized and why the
6 yards work out the way they do are in the memo to
7 kind of clarify. It ' s a very unusual way the
8 building is on the lot, as he stated .
9 CHAIRMAN GOINS : Thank you .
10 MR . ENGBERG: All right .
11 MR . McNAMARA: All right . Thank you .
12 CHAIRMAN GOINS : Is there anyone present
13 who wishes to speak in favor of the request of
14 the petition of Mr . McNamara?
15 No response . )
16 CHAIRMAN GOINS : Seeing as there is no
17 one, anyone who wishes to speak in opposition of
18 the request?
19 No response . )
20 CHAIRMAN GOINS : There is no one .
21 MR . ENGBERG: You guys can ask
22 questions .
23 CHAIRMAN GOINS : Do any members have
24 questions of Mr . McNamara?
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1 MR. MARCUM: No .
2 MR. GOCKMAN : No .
3 MS . HORAZ : I do not .
4 CHAIRMAN GOINS : Okay . No questions for
5 you .
6 MR. ENGBERG: And any questions for me,
7 the memo, anything like that? It is pretty
8 clear; Staff is supporting the variance because
9 of the natural hardship that was brought by the
10 shape of the land .
11 MS . HORAZ : I drove by it, I can see
12 your situation .
13 CHAIRMAN GOINS : Since all public
14 testimony regarding this petition has been taken,
15 may I have a motion to close the taking of
16 testimony in this public hearing?
17 MR. GOCKMAN : So moved.
18 MS . HORAZ : Second.
19 CHAIRMAN GOINS : Roll call vote on the
20 motion, please .
21 MS . YOUNG: Gockman.
22 MR . GOCKMAN : Yes .
23 MS . YOUNG : Goins .
24 CHAIRMAN GOINS : Yes .
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1 MS . YOUNG: Horaz .
2 MS . HORAZ : Yes .
3 MS . YOUNG: Marcum.
4 MR. MARCUM: Yes .
5 Which were all the
6 proceedings had in the
7 public hearing portion
8 of the meeting . )
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1 STATE OF ILLINOIS )
SS .
2 COUNTY OF LASALLE )
3 I, Christine M. Vitosh, a Certified Shorthand
4 Reporter, do hereby certify that I transcribed
5 the proceedings had at the public hearing and
6 that the foregoing, Pages 1 through 10,
7 inclusive, is a true, correct and complete
8 computer-generated transcript of the proceedings
9 had at the time and place aforesaid .
10 I further certify that my certificate annexed
11 hereto applies to the original transcript and
12 copies thereof, signed and certified under my
13 hand only. I assume no responsibility for the
14 accuracy of any reproduced copies not made under
15 my control or direction .
16 As certification thereof, I have hereunto set
17 my hand this 28th day of June, A. D. , 2018 .
18
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20 Christine M. Vitosh, CSR
Illinois CSR No . 084-002883
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Summary
Consideration of updates to the Codified Ordinance Chapter 8 Construction of Utility Facilities
in Rights of Way, Chapter 10 Building Permit Fees and Chapter 18 Telecommunication and Antenna
Regulations.
Background
Municipalities throughout Illinois have seen a proliferation of small cell antenna applications
from wireless/phone companies for both an array of improvements to existing utility poles and new
poles within the right of way. The City Council approved changes to Chapter 8 and Chapter 18 in June,
2017 when the Illinois Municipal League (IML) recommended changes to municipal ordinances
regarding small cell siting within the rights-of-way in anticipation of the recently approved legislation.
Once again, the IML has distributed model documents to assist municipalities in implementing allowed
regulations under the newly adopted Small Wireless Facilities Deployment Act (P.A. 100-0585).
Staff took the model and incorporated the recommendations for the Small Wireless Facilities into
Chapter 8 Construction of Utility Facilities in Rights of Way, Chapter 10 Building Permit Fees and
Chapter 18 Telecommunication and Antenna Regulations of the City’s Codified Ordinances. All of
these Ordinances will be reviewed by the Public Works Committee on July 17th. Chapter 18 will
additionally go to the July 18th Special PZC meeting for a Public Hearing regarding a Text Amendment
to the Chapter, because it is a Chapter within the Zoning Code and then back to City Council for a vote
on all Ordinances, with the anticipated meeting date of July 24, 2018.
In the attached red-lined version of Chapter 8, staff added several definitions per the IML
recommended ordinance. A “Collocate or Collocation” definition was added. This definition is the
trend that other municipalities are seeing installed, where the installation of the wireless facilities is on
or adjacent to a wireless support structure or existing utility pole. A definition was also added for
“Small Wireless Facility” which accompanies the definition which was added in 2017 of Small Cell
Facilities, only this is a wireless facility. Within Chapter 8, Section 15, Location of Facilities, Free
Standing Facilities – Above Ground, staff deleted the nine additional requirements for above ground free
standing facilities that were added in 2017 per the IML. The new section that was added to the chapter
regarding small wireless facilities is: 7-8-17: Small Wireless Facilities. This new section includes
regulation for permitted uses, the permit process, including the application process, conditions, including
height, spacing and design, and exceptions. All other items and processes within the Chapter remain the
same. A permit is required for construction and will be reviewed by staff and the variance process also
remains the same. The following is a break-down of the new processes:
Memorandum
To: Public Works and Planning and Zoning Commission
From: Erin Willrett, Assistant City Administrator
CC: Bart Olson, City Administrator
Date: July 17, 2018 & July 18, 2018
Subject: Modifying Codified Ordinance Chapter 8, Chapter 10 and18 for
Small Wireless Facilities
Type of Facility Most Likely to be Applied for:
Small Wireless Facility: A wireless facility that meets both of the following qualifications: (i)
each antenna is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of an
antenna that has exposed elements, the antenna and all of its exposed elements could fit within an
imaginary enclosure of no more than 6 cubic feet; and (ii) all other wireless equipment attached directly
to a utility pole associated with the facility is cumulatively no more than 25 cubic feet in volume. The
following types of associated ancillary equipment are not included in the calculation of equipment
volume: electric meter, concealment elements, telecommunications demarcation box, ground-based
enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the
connection of power and other services.
Proposed Application Process:
In order to apply for a permit an application must be received stating:
• The site specific structural integrity and a make-ready analysis of a municipal utility pole
as prepared by a structural engineer;
• The location where each proposed small wireless facility or utility pole would be
installed including a depiction of the completed facility; specifications and drawings of
each facility as it is proposed to be installed by a structural engineer;
• The equipment type and model numbers for the antennas and all other wireless
equipment associated with the facility;
• A proposed schedule of the installation and completion of each facility;
• Certification that the collocation complies with the collocation requirements (as written
in the ordinance);
• If the facility is to be attached to an existing pole owned by an entity other than the City,
the wireless provider shall provide legally competent evidence of the consent of the
owner of such pole to the proposed collocation.
Processing Application:
The City shall process the application on a first come first serve basis for collocation on the same
utility pole or wireless support structure. It shall be processed on a nondiscriminatory basis and shall be
deemed approved if the City fails to approve or deny the application within 90 days after the submission
of a completed application. However, if an applicant intends to proceed with the permitted activity on a
deemed approved basis, the applicant shall notify the City in writing of its intention to invoke the
deemed approved remedy no sooner than 75 days after the submission of the completed application. The
permit shall be deemed approved on the latter of the 90th day after submission of the complete
application or the 10th day after the receipt of the deemed approved notice by the City. The receipt of
the deemed approved notice shall not preclude the City's denial of the permit request within the time
limits as provided under this Ordinance.
Denial of Application:
The City shall deny an application which does not meet the requirements of this proposed
ordinance. If there is a concern of public safety or if the utility pole or wireless support structure is
required to be replaced before the requested collocation approval shall be conditioned on the
replacement at the cost of the provider. The City shall document the basis for denial and send the
documentation to the applicant on or before the day the City denies an application. The applicant may
cure the deficiencies identified by the City and resubmit the revised application once within 30 days
after notice of denial is sent to the applicant without paying an additional application fee. The City shall
approve or deny the revised application within 30 days after the applicant resubmits the application or it
is deemed approved. Failure to resubmit the revised application within 30 days of denial shall require
the applicant to submit a new application with applicable fees and recommencement of the City’s review
period. If the cure requires a new location, new or different structure to be collocated upon, new
antennas or other wireless equipment associated with the small wireless facility the revised application
does not apply. Within 30 days after an approved permit to collocate a small wireless facility on a
municipal utility pole, the City and the applicant shall enter into a Master Pole Attachment Agreement,
provided by the City for the initial collocation on a municipal utility pole by the application. For
subsequent approved permits to collocate on a small wireless facility on a municipal utility pole, the
City and the applicant shall enter into a License Supplement of the Master Pole Attachment Agreement.
Consideration of Completeness of Application:
Within 30 days after receiving an application, the City shall determine whether the application is
complete and notify the applicant. If an application is incomplete, the City must specifically identify the
missing information. An application shall be deemed complete if the City fails to provide notification to
the applicant within 30 days after all documents, information and fees specifically enumerated in the
City's permit application form are submitted by the applicant to the City. Processing deadlines are tolled
from the time the City sends the notice of incompleteness to the time the applicant provides the missing
information.
Collocation Applications:
An applicant seeking to collocate small wireless facilities within the jurisdiction of the City shall
be allowed, at the applicant's discretion, to file a consolidated application and receive a single permit for
the collocation of up to 25 small wireless facilities if the collocations each involve substantially the same
type of small wireless facility and substantially the same type of structure. If an application includes
multiple small wireless facilities, the City may remove small wireless facility collocations from the
application and treat separately small wireless facility collocations for which incomplete information has
been provided or that do not qualify for consolidated treatment or that are denied. The City may issue
separate permits for each collocation that is approved in a consolidated application.
Duration of Permits:
The duration of a permit shall be for a period of not less than 5 years, and the permit shall be
renewed for equivalent durations unless the City makes a finding that the small wireless facilities or the
new or modified utility pole do not comply with the applicable City codes or any provision, condition or
requirement contained in this Ordinance. If the Act is repealed as provided in Section 90 therein,
renewals of permits shall be subject to the applicable City code provisions or regulations in effect at the
time of renewal.
Maintenance of Facilities:
The wireless provider shall install, maintain, repair and modify its small wireless facilities in safe
condition and good repair and in compliance with the requirements and conditions of this Ordinance.
The wireless provider shall ensure that its employees, agents or contracts that perform work in
connection with its small wireless facilities are adequately trained and skilled in accordance with all
applicable industry and governmental standards and regulations.
Height Requirements:
The maximum height of a small wireless facility shall be no more than 10 feet above the utility
pole or wireless support structure on which the small wireless facility is collocated.
New or replacement utility poles or wireless support structures on which small wireless facilities
are collocated may not exceed the higher of:
a. 10 feet in height above the tallest existing utility pole, other than a utility pole supporting
only wireless facilities, that is in place on the date the application is submitted to the City,
that is located within 300 feet of the new or replacement utility pole or wireless support
structure and that is in the same right-of-way within the jurisdictional boundary of the
City, provided the City may designate which intersecting right-of-way within 300 feet of
the proposed utility pole or wireless support structures shall control the height limitation
for such facility; or
b. 45 feet above ground level.
Completion of Collocation Timeframe:
Collocation for which a permit is granted shall be completed within 180 days after issuance of
the permit, unless the City and the wireless provider agree to extend this period or a delay is caused by
make-ready work for a municipal utility pole or by the lack of commercial power or backhaul
availability at the site, provided the wireless provider has made a timely request within 60 days after the
issuance of the permit for commercial power or backhaul services, and the additional time to complete
installation does not exceed 360 days after issuance of the permit. Otherwise, the permit shall be void
unless the City grants an extension in writing to the applicant.
Annual Recurring Rate to Collocate:
A wireless provider shall pay to the City an annual recurring rate to collocate a small wireless
facility on a City utility pole located in a right-of-way that equals (i) $200 per year or (ii) the actual,
direct and reasonable costs related to the wireless provider’s use of space on the City utility pole. If the
City has not billed the wireless provider actual and direct costs, the fee shall be $200 payable on the first
day after the first annual anniversary of the issuance of the permit or notice of intent to collocate, and on
each annual anniversary date thereafter.
Abandonment:
A small wireless facility that is not operated for a continuous period of 12 months shall be
considered abandoned. The owner of the facility shall remove the small wireless facility within 90 days
after receipt of written notice from the City notifying the wireless provider of the abandonment. The
notice shall be sent by certified or registered mail, return receipt requested, by the City to the owner at
the last known address of the wireless provider. If the small wireless facility is not removed within 90
days of such notice, the City may remove or cause the removal of such facility pursuant to the terms of
its pole attachment agreement for municipal utility poles or through whatever actions are provided for
abatement of nuisances or by other law for removal and cost recovery. A wireless provider shall provide
written notice to the City if it sells or transfers small wireless facilities within the jurisdiction of the City.
Such notice shall include the name and contact information of the new wireless provider.
Additionally, changes to Chapter 10, Building Permit Fees reflect the one-time application fees
that were included in the Small Wireless Facilities Deployment Act (P.A. 100-0585). 3 categories were
added as follows:
Small wireless facility on an existing utility pole or wireless support structure $650.00
Small wireless facility in a consolidated application for more than one facility
on existing poles or wireless support structure.
$350.00
Small wireless facility installation on a new utility pole. $1000.00
The changes to Chapter 18, which are also red-lined, include an updated definition of “Small
Wireless Facility” to match the approved Act and it also matches the definition proposed to be included
in Chapter 8. The definitions were also cleaned up to eliminate items that are no longer relevant. The
Ordinance already cross references Chapter 8 if any facility is being constructed is located within the
public right-of-way.
Recommendation
Staff recommends approval of the updates to the Codified Ordinance Chapter 8 Construction of
Utility Facilities in Rights of Way, Chapter 10 Building Permit Fees and Chapter 18 Telecommunication
and Antenna Regulations as it relates to Small Wireless Facilities.
Chapter 18
TELECOMMUNICATION TOWER AND ANTENNA
REGULATIONS
10-18-1: DEFINITIONS:
10-18-2: APPLICABILITY:
10-18-3: GENERAL REQUIREMENTS:
10-18-4: PERMITTED USES:
10-18-5: SPECIAL USES AND ACCESSORY USES:
10-18-6: NONCONFORMING USES:
10-18-7: ANNUAL REPORTING OF INFORMATION:
10-18-1: DEFINITIONS:
ALTERNATIVE TOWER STRUCTURE: Manmade trees, clock towers, bell steeples, light poles and
similar alternative design mounting structures that camouflage or conceal the presence of antennas
and towers.
ANTENNA: Communications equipment that transmits or receives electromagnetic radio signals
used in the provision of any type of wireless communications services not including small wireless
facilities..
ANTENNA STRUCTURES: Those structures which include the radiating and/or receiving system, its
supporting structures (see definition of tower), and any appurtenance mounted thereon as defined
by the FCC or any successor agency.
FAA: The Federal Aviation Administration.
FCC: The Federal Communications Commission.
HEIGHT: When referring to a tower or other structure, the distance measured from the finished
grade of the parcel to the highest point on the tower or other structure, including the base pad and
antenna structures.
NO-IMPACT ANTENNA AND TOWERS: A tower or antenna which is either: a) virtually invisible to
the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar
structure, or b) camouflaged so as to blend in with its surroundings to such an extent that it is no
more obtrusive to the casual observer than the structure on which it is: 1) placed, such as a rooftop,
lighting standard, or existing tower, or 2) replacing, such as a school athletic field light standard.
PERSONAL WIRELESS FACILITY: Any facility for the provision of personal wireless services as
defined by the FCC or any successor agency.
PERSONAL WIRELESS SERVICES: Commercial mobile services, unlicensed wireless services and
common carrier wireless exchange access services as defined by the FCC or any successor
agency.
PREEXISTING TOWERS OR ANTENNAS: Any tower or antenna for which a building permit or
conditional use permit has been properly issued prior to the effective date hereof, including permitted
towers and antennas that have not yet been constructed so long as such approval is current and not
expired.
SMALL WIRELESS FACILITY: A wireless facility that meets both of the following qualifications: (i)
each antenna is located inside an enclosure of no more than 6 cubic feet in volume or, in the
case of an antenna that has exposed elements, the antenna and all of its exposed elements
could fit within an imaginary enclosure of no more than 6 cubic feet; and (ii) all other wireless
equipment attached directly to a utility pole associated with the facility is cumulatively no more
than 25 cubic feet in volume. The following types of associated ancillary equipment are not
included in the calculation of equipment volume: electric meter, concealment elements,
telecommunications demarcation box, ground-based enclosures, grounding equipment, power
transfer switch, cut-off switch, and vertical cable runs for the connection of power and other
services. Small wireless facilities are permitted uses if they are collocated in right-of-way in any
zoning district or outside rights-of-way in property zoned exclusively for commercial or industrial
use.
TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one
(1) or more antennas for telephone, radio and similar communications purposes, including self-
supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television
transmission towers, microwave towers, common carrier towers, cellular telephone towers,
alternative tower structures, and the like. The term includes the structure and any support thereto.
(Ord. 2014-73, 11-25-2014; amd. Ord. 2017-35, 6-27-2017)
10-18-2: APPLICABILITY:
A. New Towers And Antennas: All new towers or antennas in Yorkville shall be subject to these
regulations, except as provided in subsections B through E of this section inclusive.
B. Amateur Radio Station Operator/Receive Only Antennas: This chapter shall not govern any tower,
or the installation of any antenna, that is under eighty feet (80') in height and is owned and
operated by a Federally licensed amateur radio station operator or is used exclusively for receive
only antennas. No receive only antenna shall exceed the highest point on the nearest residential
rooftop of a dwelling by more than ten feet (10').
C. Preexisting Towers Or Antennas: Existing towers and existing antennas which predated this
chapter, shall not be required to meet the requirements of this chapter other than the
requirements of subsections 10-18-3F, H and R of this chapter. All preexisting towers and
antennas shall be subject to the tower and antenna administrative fee.
D. AM Array: For purposes of implementing this chapter, AM array, consisting of one (1) or more
tower units and supporting ground system which functions as one (1) AM broadcasting antenna,
shall be considered one (1) tower. Measurements for setbacks and separation distances shall be
measured from the outer perimeter of the towers included in the AM array. Additional tower units
may be added within the perimeter of the AM array by right. (Ord. 2014-73, 11-25-2014)
E. Within Public Right-Of-Way: If the tower and/or antenna is situated within the public right-of-way,
such tower and/or antenna must meet the requirements of title 7, chapter 8, "Construction Of
Utility Facilities In Rights-Of-Way", of this Code. (Ord. 2017-35, 6-27-2017)
10-18-3: GENERAL REQUIREMENTS:
A. Special Or Accessory Use: Antennas and towers may be considered either special or accessory
uses. A different existing use of an existing structure on the same lot shall not preclude the
installation of an antenna or tower on such lot.
B. Lot Size: For purposes of determining whether the installation of a tower or antenna complies with
Yorkville's development regulations, including, but not limited to, setback requirements, lot
coverage requirements, and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased parcels within such lot.
C. Inventory Of Existing Sites: Each applicant for approval of an antenna and/or tower shall provide
to the Zoning Officer an inventory of its existing towers, antennas, or sites approved for towers or
antennas, that are either within the jurisdiction of Yorkville or within one (1) mile of the border
thereof, including specific information about the location, height, and design of each tower. The
Zoning Officer may share such information with other applicants applying for administrative
approvals or special use permits under this chapter or other organizations seeking to locate
antennas within the jurisdiction of Yorkville, provided, however that the Zoning Officer is not, by
sharing such information, in any way representing or warranting that such sites are available or
suitable.
D. Aesthetics: Towers and antennas shall meet the following requirements:
1. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the
FAA, be painted a neutral color so as to reduce visual obtrusiveness.
2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use
materials, colors, textures, screening, and landscaping that will blend them into the natural settings
and surrounding buildings.
3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and
mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the
color of the supporting structure so as to make the antenna and related equipment as visually
unobtrusive as possible.
E. Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable
authority. If lighting is required, the lighting alternatives and design chosen must cause the least
disturbance to the surrounding views.
F. State Or Federal Requirements: All towers must meet or exceed current standards or regulations
of the FAA, the FCC and any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations are changed, then the
owners of the towers and antennas governed by this chapter shall bring such towers and
antennas into compliance with such revised standards and regulations within six (6) months of
the effective date of such standards and regulations, unless a more restrictive compliance
schedule is mandated by the controlling state or federal agency. Failure to bring towers and
antennas into compliance with such revised standards and regulations shall constitute grounds
for the removal of the tower or antenna at the owner's expense.
G. Building Codes/Safety Standards: Any owner or operator of an antenna, antenna structure or
tower shall maintain the antenna, antenna structure or tower in compliance with the standards
contained in the current and applicable state or local building codes and the applicable standards
for towers that are published by the national electrical code NFPA 70 and international building
code; radio, television sec. 3108, as amended from time to time. If, upon inspection, the city of
Yorkville concludes that a tower fails to comply with such codes and standards and constitutes a
danger to persons or property, then upon notice being provided to the owner of the tower, the
owner shall have thirty (30) days to bring such tower into compliance with such standards.
Failure to bring the antenna, antenna structure, or tower into compliance within the thirty (30) day
period shall constitute grounds for the removal of the antenna, antenna structure or tower at the
owner's expense.
H. Measurement: For purposes of measurement, tower setbacks and tower separation distances
shall be calculated and applied to facilities located in Yorkville irrespective of municipal and
county jurisdictional boundaries.
I. Not Essential Services: Antennas, antenna structures, and towers shall be regulated and permitted
pursuant to this chapter and shall not be regulated or permitted as essential services, public
utilities, or private utilities.
J. Public Notice: For purposes of this chapter, any special use request, variance request, or appeal
of an administratively approved use or special use shall require public notice and individual
notice by the city of Yorkville to all abutting property owners and all properties that are located
within two hundred fifty feet (250') of the zoning lot in question. Streets, alleys and watercourses
shall not be considered in the determination of "abutting" nor in calculating the two hundred fifty
feet (250').
K. Signs: No signs shall be allowed on an antenna or tower other than those required by the FCC.
L. Buildings And Support Equipment: Buildings and support equipment associated with antennas or
towers shall comply with the requirements of subsection 10-18-5K of this chapter.
M. Multiple Antenna/Tower Plan: The city of Yorkville encourages all plans for towers and antenna
sites to be submitted in a single application for approval of multiple towers and/or antenna sites.
Applications for approval of multiple sites shall be given priority in the review process.
N. Antenna On Existing Structures: Any antenna which is not attached to a tower may be approved
by the city of Yorkville as an accessory use to any commercial, industrial, professional,
institutional, or multi-family structure of eight (8) or more dwelling units, provided:
1. The antenna does not extend more than thirty feet (30') above the highest point of the structure;
2. The antenna complies with all applicable FCC and FAA regulations; and
3. The antenna complies with all applicable building codes and safety standards as referenced in
subsection G of this section.
O. Antennas On Existing Towers: An antenna which is attached to an existing tower may be
approved by the zoning officer and, to minimize adverse visual impacts associated with the
proliferation and clustering of towers, collocation of antennas by more than one carrier on
existing towers shall take precedence over the construction of new towers, provided such
collocation is accomplished in a manner consistent with the following:
1. Additional Antenna: A tower which is modified or reconstructed to accommodate the collocation of an
additional antenna shall be of the same tower type as the existing tower, unless the zoning officer
allows reconstruction as a monopole.
2. Height:
a. An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet (30') over the
tower's existing height, such height not exceeding one hundred fifty feet (150') in total, to
accommodate the collocation of an additional antenna.
b. The height change referred to in subsection O2a of this section may only occur one time per
communication tower.
c. The additional height referred to in subsection O2a of this section shall not require an additional
distance separation. The tower's premodification height shall be used to calculate such distance
separations.
3. On Site Location:
a. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be
moved on site within fifty feet (50') of its existing location.
b. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
c. A relocated on site tower shall continue to be measured from the original tower location for purposes
of calculating separation distances between towers. The relocation of a tower hereunder shall in no
way be deemed to cause a violation of this chapter.
d. The on site relocation of a tower which comes within the separation distances to residential units or
residentially zoned lands as established in this zoning ordinance shall only be permitted when
approved by the zoning officer.
4. New Towers In Nonresidential Zoning Districts: An applicant may locate any new tower in an O, B-1,
B-2, B-3, B-4, M-1, M-2, or A-1 zoning district, provided that: a) a licensed professional engineer
certifies the tower can structurally accommodate the number of shared users proposed by the
applicant; b) the zoning officer concludes the tower is in conformity with the goals set forth in this
subsection O and the requirements of this subsection; c) the tower meets the setback and
separation requirements in subsection 10-18-5E of this chapter; and d) the tower meets the following
height and usage criteria:
a. For a single user, up to and including one hundred twenty feet (120') in height;
b. For two (2) users, up to one hundred fifty feet (150') in height; and
c. For three (3) or more users, up to and including one hundred eighty feet (180') in height.
P. Roadway Access: All sites on which antennas, antenna structures and towers are located must
have a passable roadway access of compacted macadam base not less than seven inches (7")
thick surfaced with not less than two inches (2") of asphaltic concrete or some comparable
dustless material.
Q. Fencing: The structures upon any site upon which an antenna, antenna structure, or tower is
located shall be surrounded by an opaque screen which is no less than six feet (6') in height and
equipped with an appropriate anticlimbing device. Screening materials shall include either
wooden or chainlink fencing. Shrubbery and bushes shall be required, in addition to the wooden
or chainlink fence, unless specifically waived by Yorkville in its discretion in appropriate cases.
R. Disguised Structures: The provider of an antenna, antenna structure, or tower may propose to
disguise the proposed antenna, antenna structure or tower. Any such disguise must be
aesthetically consistent with the character of the surrounding area and environment, and be
constructed in such a manner where the health or safety of Yorkville residents shall not be
endangered. Yorkville may require the disguise of an antenna, antenna structure or tower as a
condition of approval of a building permit or special use permit if the antenna, antenna structure
or tower is to be erected on a golf course or other public recreational area.
S. Annual Administrative Fee And Certifications:
1. The annual administration fee payable to the city of Yorkville by any owner and/or operator of an
antenna, antenna structure, or tower shall be the sum of thirty five dollars ($35.00) which shall be
due on or before January 10 of each calendar year commencing with calendar year 2001.
2. In the event a tower is inspected and a certification provided by the owner and/or operator of said
tower or related facility showing compliance with all regulations, the above fee shall be the only fee
charged. In the event the owner and/or operator of an antenna, antenna structure, or tower fails to
have the certification as is required annually to be filed with the city under the terms of this
subsection, the owner and/or operator shall reimburse the city for the actual cost of the outside
consultant the city deems necessary to conduct said inspection which shall be a minimum of three
hundred fifty dollars ($350.00) and any additional cost incurred therein.
The city of Yorkville reserves the right to increase or decrease the amount of the administrative fee
as it deems necessary. A separate administrative fee shall be paid by each user or collocator on a
tower.
T. Permit Required: Prior to the construction of an antenna, antenna structure or tower the provider
of the radio, television, or telecommunications services shall obtain a permit from Yorkville for
the erection of such antenna, antenna structure or tower. An applicant for a permit for an
antenna, antenna structure, or tower shall pay a fee in accordance with the fee schedule set
forth in title 8, chapter 10 of this code, plus any reasonable legal, engineering, or consulting fees
at the conclusion of the review.
U. Waiver Of Provisions: An applicant can request a waiver of any provision of this chapter upon the
showing of appropriate justification and benefit to the public. Such request shall be treated as a
request for a variance and the appropriate procedures thereto shall apply. (Ord. 2014-73, 11-25-
2014)
10-18-4: PERMITTED USES:
A. General: The following uses listed in this section are deemed to be permitted uses and shall not
require administrative approval or a special use permit.
B. Uses: Antennas, antenna structures and towers are specifically permitted in any zoning
classification, except that part of any zoning district which is located in a floodplain, so long as
said antennas or towers conform to the following and all other requirements of this title:
Antennas and towers located on property owned, leased, or otherwise controlled by Yorkville,
particularly and expressly including Yorkville's water tower sites, and city hall and police station
sites, provided that a lease authorizing such antenna, antenna structure, or tower has been
approved by Yorkville.
Antennas or towers are permitted to be located on the Burlington Northern Railroad easement
running southwest and northeast through Yorkville, subject to subsections 10-18-3A through U of
this chapter.
No-impact antennas and towers. (Ord. 2014-73, 11-25-2014)
10-18-5: SPECIAL USES AND ACCESSORY USES:
A. General Provisions:
1. Radio and telecommunications antennas, antenna structures and towers used for personal wireless
facilities, personal wireless services, radio transmission, or television transmission shall be subject to
the special use provisions contained within section 10-4-9of this title and applications for special use
permits shall be subject to the procedures and requirements of this title, except as modified in this
chapter.
2. In granting a special use permit, the plan commission may impose conditions to the extent the plan
commission concludes such conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
3. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or
electrical, shall be certified by a licensed professional engineer.
4. An applicant for a special use permit shall submit the information described in this section and a
nonrefundable fee as established by resolution of the city council of Yorkville to reimburse Yorkville
for the cost of reviewing the application.
5. Antennas, antenna structures and towers shall be allowed as special uses only consistent with all of
the requirements of this chapter in the following zoning districts: R-1, single-family suburban
residence - private school, church, golf course, public utility facilities, public service use facilities with
radio or TV tower sites only; R-2, single-family traditional residence - private school, church, golf
course, public utility facilities, public service use facilities with radio or TV tower sites only; B-1, local
business district; B-2, retail commerce business district; B-3, general business district; B-4, service
business district; and A-1, agricultural district.
6. Antennas, antenna structures and towers shall be allowed as a special use in the E-1, estate district
if it is consistent with all of the requirements of this chapter and the following criteria:
a. The parcel that any antennas, antenna structures and towers are located on must be at least two (2)
acres.
b. The total height of the structure must be less than the distance from the base of the structure to the
closest property line of all adjacent parcels.
7. Antennas, antenna structures and towers shall be allowed as accessory uses only consistent with all
of the requirements of this chapter in the following zoning districts: M-1, limited manufacturing
district, and M-2, general manufacturing district.
B. Information Required: In addition to any information required for applications for special use
permits referenced above, each petitioner requesting a special use permit under this chapter for
an antenna, antenna structures, and tower shall submit a scaled site plan and a scaled elevation
view and other supporting drawings, calculations, and other documentation signed and sealed by
appropriate licensed professionals, showing the location, type and dimensions of all
improvements, including information concerning topography, radio frequency coverage, tower
height requirements, setbacks, drives, proposed means of access, parking, fencing, landscaping,
adjacent uses, adjacent roadway, and other information deemed necessary by Yorkville to be
necessary to assess compliance for this chapter. In addition, the following information shall be
supplied:
1. Legal description of the parent track and leased parcel (if applicable);
2. The setback distance between the proposed structure and the nearest residential unit, platted
residentially zoned properties and unplatted residentially zoned property;
3. The separation distance from other structures in the inventory of existing sites submitted pursuant to
subsection 10-18-3C of this chapter shall be shown on an updated site plan or map and the
applicant shall also identify the type of construction of the existing structure(s) and the
owner/operator of the existing structure(s), if known;
4. A landscape plan showing specific landscape materials;
5. The method of fencing and finish color and, if applicable, the method of camouflage and illumination;
6. A description of compliance with subsections 10-18-3C, E, F, G, H, I, and M of this chapter and all
applicable federal, state or local laws;
7. A notarized statement by the applicant as to whether construction of the tower will accommodate
collocation of additional antennas for future users;
8. Identification of the entities providing the backhaul network for the structure(s) described in the
application and other cellular sites owned or operated by the applicant in Yorkville;
9. A description of the suitability of the use of existing towers, other structures or alternative technology
not requiring the use of towers or structures to provide the services to be provided through the use of
the proposed new tower; and
10. A description of the feasible location(s) of future towers or antennas within Yorkville based upon
existing physical, engineering, technological or geographical limitations in the event the proposed
tower is erected.
11. An applicant shall be notified within thirty (30) days if the application is incomplete. The city shall
make a decision on collocation within ninety (90) days and all other siting applications within one
hundred fifty (150) days of the receipt of a completed application.
C. Factors Considered In Granting Special Use Permits: The city of Yorkville shall consider the
following factors in determining whether to issue a special use permit above and beyond those
factors referenced in section 10-4-9 of this title. The city of Yorkville may waive or reduce the
burden on the petitioner of one or more of these criteria if Yorkville concludes that the goals of
this chapter are better served thereby.
1. Height of the proposed antenna, antenna structure or tower;
2. Proximity of the antenna, antenna structure or tower to residential structures and residential district
boundaries;
3. Nature of uses on adjacent and nearby properties;
4. Surrounding topography;
5. Surrounding tree coverage and foliage;
6. Design of the antenna, antenna structure or tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
7. Proposed ingress and egress.
D. Height: No antenna, antenna structure, or tower shall exceed a height of one hundred (100) linear
feet in aerial height. Where an arm has been installed to facilitate collocation of an additional
antenna on the existing antenna structure or tower, the arm shall not exceed a length of twelve
(12) linear feet.
E. Setbacks And Separation:
1. Setbacks: Antennas, antenna structures or towers must be set back a distance equal to the height of
the antenna, antenna structure, or tower from any off site, residential structure. Antenna structures,
guylines, and equipment shelters must satisfy the minimum setback requirements for E-1, R-1, R-2,
R-2D, B-1, B-2, B-3, B-4, M-1, M-2, and A-1 zoning districts.
2. Separation: The following separation requirements shall apply to all towers and antennas for which a
special use permit is required; provided, however, that the plan commission may reduce the
standard separation requirements if the goals of this chapter would be better served thereby, or if
enforcement of said setback would effectively prohibit said tower:
a. Separation From Off Site Uses/Designated Area:
(1) Tower separation shall be measured from the base of the tower to the lot line of the off site uses
and/or designated areas as specified in table 10.18.01 of this section, except as otherwise provided
in table 10.18.01 of this section.
(2) Separation requirements for towers shall comply with the minimum standards established in table
10.18.01 of this section.
TABLE 10.18.01
SEPARATION REQUIREMENTS
Off Site Use/Designated Area
Separation Distance
Single-family or duplex residential units principal building 500 feet
Vacant single-family or duplex residentially zoned land
which is either platted or has preliminary subdivision plan
approval which is not expired
500 feet
Vacant unplatted residentially zoned lands, including
unplatted residential use property without a valid preliminary
subdivision plan or valid development plan approval and
any multi-family residentially zoned land greater than duplex
500 feet
Existing multi-family residential units greater than duplex 100 feet or 100
percent of the tower
height, whichever is
greater
Nonresidentially zoned lands or nonresidential uses None
The Fox River or any watercourse 500 feet, as measured
from the shore
Major highways (as defined in the Yorkville comprehensive
plan)
500 feet from the right
of way
b. Separation Distances Between Towers:
(1) Separation distances between towers shall be applicable for and measured between the proposed
tower and preexisting towers. The separation distances shall be measured by drawing or following a
straight line between the base of the existing tower and the proposed base, pursuant to a site plan,
of the proposed tower. The separation distances (listed in linear feet) shall be as shown in table
10.18.02 of this section.
TABLE 10.18.02
EXISTING TOWER SEPARATION DISTANCES
Existing
Tower Type
Separation Distance
Lattice Guyed
Monopole
(Taller Than
75 Feet)
Monopole
(Shorter Than
75 Feet)
Lattice 1,000 1,500 500 250
Guyed 1,000 1,750 1,500 1,250
Monopole (taller than 75 feet) 500 1,500 250 250
Monopole (shorter than 75 feet) 250 1,250 250 250
F. Siting On Wetland Prohibited: No antenna, antenna structure, or tower shall be located in an area
which has been designated as a wetland either by the city of Yorkville, Kendall County, the state
of Illinois department of natural resources, the United States department of the interior or the
United States army corps of engineers, and any and all governmental bodies and agencies
having jurisdiction.
G. FCC Signage: To the extent that signage is required by the FCC on an antenna structure, or
tower, that signage shall constitute no more than five percent (5%) of the square footage of the
antenna, antenna structure, or tower or shall be no larger than is required by the FCC, whichever
shall constitute the smallest signage area.
H. Preservation Of Landscape: Existing mature tree growth and natural landforms on the proposed
antenna, antenna structure, or tower site shall be preserved to the maximum extent possible.
I. Utilities And Access Required: Radio and telecommunications antennas, antenna structures, and
towers, including, but not limited to, those used for personal wireless services, personal wireless
facilities and unlicensed wireless services, shall be required to include adequate utilities, access,
and/or other facilities necessary for the servicing of the antenna, antenna structure or tower. All
such utilities shall be buried.
J. Signal Interference: No signal transmission from any antenna, antenna structure, or tower shall
interfere with police, fire, public works or any other governmental radio band signals. In the case
of the possibility of such interference based upon the frequencies selected for the proposed
antenna, antenna structure, or tower, the petition for special use shall be denied.
K. Equipment Shelter And Equipment Cabinets:
1. Equipment Shelter: A provider of a radio, television, or telecommunications antenna, antenna
structure, or tower may provide an equipment shelter on the site of the antenna, antenna structure,
or tower. The square footage of the equipment shelter may not exceed more than twenty percent
(20%) of the total square footage of the antenna, antenna structure or tower ground site or four
hundred fifty (450) square feet, whichever is greater. At any antenna, antenna structure, or tower site
in which more than one antenna has been collocated, no more than three (3) equipment shelters
shall be allowed. Multiple equipment shelters shall be contained under one roof if at all practicably
possible. No equipment shelter shall be approved as part of the site plan unless appropriate
electrical power and road ingress and egress facilities are planned for inclusion at the equipment
shelter site.
2. Equipment Cabinets:
a. In residential districts, the equipment cabinet or structure may be located in a front or side yard
provided the cabinet or structure is no greater than four feet (4') in height or twenty four (24) square
feet of gross floor area and the cabinet/structure is located a minimum of six feet (6') from all lot
lines. The cabinet/structure shall be screened by hedging or shrubbery with an ultimate height of at
least forty two (42) to forty eight inches (48") and a planted height of at least thirty six inches (36").
b. In a rear yard, provided the cabinet or structure is no greater than six feet (6') in height or sixty four
(64) square feet in gross floor area. The structure or cabinet shall be screened by hedging or
shrubbery with an ultimate height of eight feet (8') and a planted height of at least thirty six inches
(36"). In all other instances, structures or cabinets shall be screened from view of all residential
properties which abut or are directly across the street from the structure or cabinet by a solid fence
six feet (6') in height or a hedge with an ultimate height of eight feet (8') and a planted height of thirty
six inches (36").
c. In commercial or industrial districts the equipment cabinet or structure shall be no greater than six
feet (6') in height or sixty four (64) square feet in gross floor area. The structure or cabinet shall be
screened by a hedge or shrubbery with an ultimate height of eight feet (8') and a planted height of at
least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view
of all residential properties which abut or are directly across the street from the structure or cabinet
by a solid fence six feet (6') in height or a hedge with an ultimate height of eight feet (8') and a
planted height of at least thirty six inches (36").
L. Code Requirements: Any antenna, antenna structure, or tower must meet code requirements
established by the national electrical code, NFPA 70 and international building code; radio,
television towers codes currently in effect as required by Yorkville and all applicable marking and
lighting standards as established by the federal aviation administration.
M. Removal Of Abandoned Antennas, Antenna Structures, Or Towers: Any antenna, antenna
structure, or tower that is not operated for a continuous period of twelve (12) months or for which
the annual administrative fee is not paid within a twelve (12) month period shall be considered
abandoned, and the owner of such antenna, antenna structure, or tower shall remove same from
within ninety (90) days of receipt of written notice from Yorkville notifying the owner of such
abandonment. If such antenna, antenna structure, or tower is not removed within said ninety (90)
days Yorkville shall remove such antenna, antenna structure, or tower at the owner's expense
and file a lien against the real estate for the cost of removal or such other action as provided by
law. If there are two (2) or more users of a single antenna, antenna structure, or tower, then this
provision shall not become effective until all users cease using the antenna, antenna structure,
or tower.
N. Collocation: A request for approval of a special use permit for the installation of an antenna,
alternative antenna, antenna structure or tower, the zoning board may by express condition
require that the applicant shall allow, on a commercially reasonable basis, other providers of
personal wireless telecommunications services to collocate additional antennas or antenna
structures on a freestanding pole which is part of applicant's proposed personal wireless facility,
where collocation is technologically feasible. (Ord. 2014-73, 11-25-2014)
10-18-6: NONCONFORMING USES:
A. Prohibited Expansion Of Nonconforming Use: Towers that are constructed and antennas that are
installed in accordance with the provisions of this chapter shall not be deemed to constitute the
expansion of a nonconforming use or structure.
B. Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they presently
exist. Routine maintenance (including replacement with a new tower of like construction and
height) shall be permitted on such preexisting towers. New construction other than routine
maintenance on a preexisting tower shall comply with the requirements of this chapter.
C. Rebuilding Damaged Or Destroyed Nonconforming Antennas, Antenna Structures Or Towers:
Notwithstanding any provision in this chapter to the contrary, bona fide nonconforming antennas,
antenna structures or towers or antennas that are damaged or destroyed may be rebuilt without
having first obtained administrative approval or a special use permit and without having to meet
the separation requirements specified elsewhere in this chapter. The type, height, and location of
the tower on site shall be of the same type and intensity as the original facility approved. Building
permits to rebuild a facility shall comply with the then applicable building codes and shall be
obtained within one hundred eighty (180) days from the date the facility is damaged or
destroyed. If no permit is obtained within the time specified or if said permit expires, the tower or
antenna shall be deemed abandoned as specified in subsection 10-18-5M of this chapter. (Ord.
2014-73, 11-25-2014)
10-18-7: ANNUAL REPORTING OF INFORMATION:
Each owner of an antenna, antenna structure, or tower regulated under this chapter, and including
those previously existing structures which would have been regulated under this chapter, shall, on
an annual basis, furnish Yorkville with such information as is required by Yorkville to aid with the
administration of this chapter, such as changes in availability of space on any tower for collocation of
additional antennas, plans to abandon a position on a tower, thereby leaving space for the possible
collocation of another antenna, plans and/or willingness to modify said tower and antenna structure
so as to provide for the possibility of collocation, or intentions to abandon a tower structure, or other
nonproprietary information as may be required by Yorkville. Upon written notice from the city of
Yorkville to the owner thereof, the effective date of this chapter, which tower and/or antenna
structure would otherwise be regulated by this chapter, shall register with Yorkville, and shall provide
such nonproprietary information as is deemed useful by Yorkville for administration of this chapter.
This section is specifically deemed to have retroactive effect. (Ord. 2014-73, 11-25-2014)
Chapter 10
BUILDING PERMIT FEES
8-10-1: FEE SCHEDULE; PAYMENT OF FEES; FEE WAIVER;
MISCELLANEOUS FEES; SURCHARGE; STOP WORK ORDER;
REFUNDS; CERTIFICATE OF OCCUPANCY; SEWER CONNECTION FEE:
8-10-2: EFFECT ON EXISTING FEES:
8-10-1: FEE SCHEDULE; PAYMENT OF FEES; FEE WAIVER;
MISCELLANEOUS FEES; SURCHARGE; STOP WORK ORDER;
REFUNDS; CERTIFICATE OF OCCUPANCY; SEWER CONNECTION
FEE:
The hereinafter set forth fee schedule for the building department is the applicable fee rate
schedule for the United City Of Yorkville:
A. Fee Schedule:
Building permit fee:
New - commercial $750.00, plus $0.20 per square
foot
Addition - commercial $500.00, plus $0.20 per square
foot
Alteration - commercial $350.00, plus $0.10 per square
foot
New - multiple-family residential $350.00, plus $0.15 per square
foot
Alteration - multiple-family residential $175.00, plus $0.10 per square
foot
New - one- and two-family residential $650.00, plus $0.20 per square
foot
Addition - one- and two-family residential $125.00, plus $0.10 per square
foot
Alteration - one- and two-family residential $50.00, plus $0.05 per square
foot
Improvements requiring a permit (plan review fee included):
Commercial/residential roofing $ 50.00
Fence, patio, window replacement, or siding
50.00
Deck 135.00
Residential driveway 50.00
Commercial driveway/parking lot $90.00, plus any additional
engineering review fees (per
resolution 2002-27), plus any
additional consultant fees
Storage shed, pergola, arbor, or gazebo $ 50.00
Inground swimming pool 135.00
Aboveground swimming pool 90.00
Portable (temporary) swimming pool No charge
Electrical service panel replacement $ 50.00
Electrical alteration (excluding fixture
replacement)
50.00
Sign permit (without electric) 50.00
Sign permit (with electric) 100.00
Plumbing alteration (excluding fixture
replacement)
$135.00, plus any additional
consultant fees
Detached garage $180.00
Demolition permit 90.00
Building relocation 50.00
Temporary parking (travel trailers) 200.00
Tent or similar type structure 50.00
Elevator/escalator units $50.00 per unit, plus any
additional consultant fees
"Other" permits not listed that require code $ 50.00
compliance or inspection approval
"Occupancy permit" 50.00
"Temporary occupancy permit" 200.00
Telecommunication tower 750.00
Equipment shelter building for tower 750.00
Additional antenna or a single user group
of antennas on existing tower
250.00
Small wireless facility on an existing utility
pole or wireless support structure
$650.00
Small wireless facility in a consolidated
application for more than one facility on
existing poles or wireless support
structure.
$350.00
Small wireless facility installation on a
new utility pole.
$1000.00
Plan review fees:
New - commercial: Plan review fee based on the size of the building in cubic feet
Building Size Plan Review Fee
Up to 60,000 cubic feet $355.00
60,001 to 80,000 cubic feet 400.00
80,001 to 100,000 cubic feet 475.00
100,001 to 150,000 cubic feet 550.00
150,001 to 200,000 cubic feet 650.00
Over 200,000 cubic feet $650.00, plus $6.50 per 10,000
cubic feet over
Or, any consultant plan review fees
Alteration - commercial: Plan review fee based on the size of the building in cubic
feet
Building Size Plan Review Fee
Up to 60,000 cubic feet $177.50
60,001 to 80,000 cubic feet 200.00
80,001 to 100,000 cubic feet 237.50
100,001 to 150,000 cubic feet 275.00
150,001 to 200,000 cubic feet 325.00
Over 200,000 cubic feet $325.00, plus $3.25 per 10,000
cubic feet over Or, any consultant plan review fees
New - residential $100.00 per "dwelling unit", or
any consultant plan review fees
Engineering review fee See section 11-8-2 of this code
Fire protection systems:
Fire detection/alarm systems $115.00 per 10,000 square feet
of floor area, or any consultant
fees
Fire sprinkler systems: This fee based on the following criteria:
Number Of Sprinkler Heads Permit Fee
Up to 200 $250.00
201 to 300 300.00
301 to 500 400.00
Over 500 $450.00, plus $0.60 per sprinkler
over 500, or any consultant fees
Alternate fire suppression systems:
Standpipe $175.00 per standpipe riser
Specialized extinguisher agent (dry or other
chemical agent)
$125.00 per 50 pounds agent
Hood and duct cooking extinguisher agent $150.00 flat rate, per system, or
any consultant fees
(Ord. 2010-23, 5-25-2010; amd. Ord. 2011-08, 3-22-2011)
B. Payment Of Fees: A permit shall not be valid until the fees prescribed by law have been
paid. Nor shall an amendment to a permit be released until the additional fee, if any, has
been paid.
C. Fee Waiver For Public Governmental Agencies: Permit fees associated with
construction, alteration, or addition to any public governmental agency may be subject to
a fifty (50) to one hundred percent (100%) discount with approval and consent of the city
administrator. All out of pocket expenses and charges by outside agencies or
consultants shall be paid in full prior to final approval and/or issuance of the certificate of
occupancy.
D. Miscellaneous Fees: During the construction or remodeling process, inspections shall be
made to ensure compliance with applicable building codes, ordinances, or any state and
federal regulations.
Plumbing inspection fee $45.00 each, or any consultant fees
Miscellaneous inspection fee $35.00 each
In the event that a building official or city engineer determines, after a requested
inspection, that the work fails to comply with the approved plans associated with the
permit or fails to meet the requirements imposed by a local ordinance or a state statute,
the permit holder may be subject to reinspection fees in accordance with the following
schedule:
Building department:
First reinspection $ 50.00
Second reinspection 75.00
3 or more reinspections 100.00 each
Engineering department reinspections 100.00 each
E. Surcharge: It shall be unlawful for any person, firm or corporation to erect, construct,
alter, extend, repair, move, remove, demolish or occupy any building, structure or
equipment regulated by the building code, or cause same to be done, in conflict with or
in violation of any of the provisions of the building code. Any work performed prior to
obtaining the appropriate permit shall be subject to a permit fee surcharge in the amount
of fifty percent (50%) of the permit fee at a minimum charge of fifty dollars ($50.00).
F. Stop Work Order: Upon notice from the building official that work on any building or
structure is being prosecuted contrary to the provisions of the locally adopted building
code or in an unsafe and dangerous manner, such work shall be immediately stopped.
The stop work order shall be in writing and shall be given to the owner of the property
involved, or to the owner's agent, or to the person doing the work; and shall state the
conditions under which work will be permitted to resume. Any person who shall continue
any work in or about the structure after having been served with a stop work order,
except such work as that person is directed to perform to remove a violation or unsafe
condition, shall be subject to fines in the amount of two hundred dollars ($200.00) to
seven hundred fifty dollars ($750.00) per offense. Each and every day constitutes a
separate offense and shall be fined accordingly.
G. Refunds: Any and all permits subject to a refund shall be subject to review and approval
by the city administrator.
H. Certificate Of Occupancy: No building or structure shall be used or occupied, and no
change in the existing occupancy classification of a building or structure or portion
thereof shall be made until the building official has issued a certificate of occupancy
therefor as provided herein. Issuance of a certificate of occupancy shall not be
construed as an approval of a violation of the provisions of the building code or of other
ordinances of the United City Of Yorkville. Certificates presuming to give authority to
violate or cancel the provisions of the building code or other ordinances of the United
City Of Yorkville shall not be valid.
I. Sewer Connection Fee:
1. A fee is hereby established payable for each PE or drain unit at the issuance of every
building permit issued by the city, for any parcel of real property located within the sanitary
sewer service area depicted in exhibit A attached to the ordinance codified herein and
incorporated herein by reference.
a. For purposes of residential sanitary sewer conversions, PE shall be calculated at the rate of
twenty five dollars ($25.00) per PE for single-family residential properties.
b. For all other properties the fee shall be calculated on the basis of twenty five dollars
($25.00) per drain unit, as calculated per section 7-6-4-1 of this code.
c. The above fees will, in addition, accumulate interest from the time of expenditure by the city
at a rate of eight percent (8%) per annum.
2. The above fees are to be paid for all building permits issued on real property located within
the sanitary sewer service area depicted in exhibit A attached to the ordinance codified
herein and incorporated herein by reference, for which a new sanitary sewer connection is
required.
3. The fee is applicable to both property within the city and property outside the city
boundaries which hook on to the city sanitary sewer system and are serviced by Yorkville-
Bristol sanitary district plant.
4. This fee shall be required to be paid on all affected real properties after the ordinance
codified herein is passed and approved by the city council; and due publication thereof.
5. The fees to be charged under the terms of the ordinance codified herein shall be imposed
for a period of twenty (20) years from the passage date hereof.
This fee is in addition to any other fees charged by the city for any other purpose
including any other sanitary sewer fees. (Ord. 2010-23, 5-25-2010)
8-10-2: EFFECT ON EXISTING FEES:
All existing building permit fees enacted by the city are hereby revoked. Prior ordinances
affecting zoning, utility, sewer, water, and other hookup fees, land cash fees, and the like
shall remain in full force and effect. (Ord. 2002-05, 3-26-2002)
Chapter 8
CONSTRUCTION OF UTILITY FACILITIES IN RIGHTS OF
WAY
7-8-1: PURPOSE AND SCOPE:
7-8-2: DEFINITIONS:
7-8-3: ANNUAL REGISTRATION REQUIRED:
7-8-4: PERMIT REQUIRED; APPLICATIONS AND FEES:
7-8-5: ACTION ON PERMIT APPLICATIONS:
7-8-6: EFFECT OF PERMIT:
7-8-7: REVISED PERMIT DRAWINGS:
7-8-8: INSURANCE:
7-8-9: INDEMNIFICATION:
7-8-10: SECURITY:
7-8-11: PERMIT SUSPENSION AND REVOCATION:
7-8-12: CHANGE OF OWNERSHIP OR OWNER'S IDENTITY OR LEGAL STATUS:
7-8-13: GENERAL CONSTRUCTION STANDARDS:
7-8-14: TRAFFIC CONTROL:
7-8-15: LOCATION OF FACILITIES:
7-8-16: CONSTRUCTION METHODS AND MATERIALS:
7-8-17: SMALL WIRELESS FACILITIES
7-8-1718: VEGETATION CONTROL:
7-8-1819: REMOVAL, RELOCATION, OR MODIFICATIONS OF UTILITY FACILITIES:
7-8-1920: CLEANUP AND RESTORATION:
7-8-2021: MAINTENANCE AND EMERGENCY MAINTENANCE:
7-8-2122: VARIANCES:
7-8-2223: PENALTIES:
7-8-2324: ENFORCEMENT:
7-8-1: 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 city's jurisdiction, which will provide public benefit consistent
with the preservation of the integrity, safe usage, and visual qualities of the city rights of way and
the city as a whole.
B. Intent: In enacting this chapter, the city intends to exercise its authority over the rights of way in
the city 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:
1. Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and
places;
2. Prevent the creation of visual and physical obstructions and other conditions that are hazardous to
vehicular and pedestrian traffic;
3. Prevent interference with the facilities and operations of the city's utilities and of other utilities lawfully
located in rights of way or public property;
4. Protect against environmental damage, including damage to trees, from the installation of utility
facilities;
5. Protect against increased storm water runoff due to structures and materials that increase
impermeable surfaces;
6. Preserve the character of the neighborhoods in which facilities are installed;
7. Preserve open space, particularly the tree lined parkways that characterize the city's residential
neighborhoods;
8. Prevent visual blight from the proliferation of facilities in the rights of way; and
9. 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 city. 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 city, 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 City rights-of-way.
Utilities that are not required by law to enter into such an agreement may request that the City
enter into such an agreement. In such an agreement, the City may provide for terms and
conditions inconsistent with this chapter.
E. Effect Of Franchises, Licenses, Or Similar Agreements:
1. 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 City, such
franchise, license or similar agreement shall govern and control during the term of such agreement
and any lawful renewal or extension thereof.
2. 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 City 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 City shall use sound engineering judgment when
administering this chapter and may vary the standards, conditions, and requirements expressed
in this chapter when the City so determines. Nothing herein shall be construed to limit the ability
of the City to regulate its rights-of-way for the protection of the public health, safety and welfare.
(Ord. 2007-97, 12-18-2007)
7-8-2: 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.
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.
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: As defined in 47 USC 522(5).
CABLE SERVICE: As defined in 47 USC 522(6).
CABLE SYSTEM: 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.
CITY: The United City of Yorkville, Illinois.
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.
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 United City of Yorkville, Illinois.
COLLOCATE or COLLATION: To install, mount, maintain, modify, operate, or replace wireless
facilities on or adjacent to a wireless support structure or utility pole.
COMMUNICATIONS SERVICE: Cable service, as defined in 47 U.S.C. 522(6), as amended;
information service, as defined in 47 U.S.C. 153(24), as amended; telecommunications service,
as defined in 47 U.S.C. 153(53), as amended; mobile service, as defined in 47 U.S.C. 153(53),
as amended; or wireless service other than mobile service.
COMMUNICATION SERVICE PROVIDER: A cable operator, as defined in 47 U.S.C. 522(5), as
amended; a provider of information service, as defined in 47 U.S.C. 153(24), as amended; a
telecommunications carrier, as defined in 47 U.S.C. 153(51), as amended; or a wireless
provider.
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 (1) or more right-of-way lines of a right-of-way.
DIRECTOR OF PUBLIC WORKS: The City 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 right-
of-way or causes a material adverse effect on the use of the right-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.
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.
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 City 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 City.
FCC: The Federal Communications Commission of the United States.
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 City Engineer 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 (2) or more utilities.
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.
MAJOR INTERSECTION: The intersection of two (2) or more major arterial highways.
MICRO WIRELESS FACILITY: A small wireless facility that is not larger in dimension than 24
inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if
any, no longer than 11 inches.
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.
MUNICIPAL UTILITY POLE: A utility pole owned or operated by the City in public rights-of-way.
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 7-8-4 and 7-8-5 of
this chapter.
PERSONAL WIRELESS TELECOMMUNICATION ANTENNA: An antenna that is part of a personal
wireless telecommunications facility.
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.
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 City. If no time period is
specified, the period shall be thirty (30) days.
PUBLIC ENTITY: A legal entity that constitutes or is part of the government, whether at local, State
or Federal level.
PUBLIC SAFETY AGENCY:The functional division of the federal government, the State, a unit of
local government, or a special purpose district located in whole or in part within this State, that
provides or has authority to provide firefighting, police, ambulance, medical, or other emergency
services to respond to and manage emergency incidents.
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 City has the right and authority to authorize, regulate or permit the location
of facilities other than those of the City. "Right-of-way" or "rights-of-way" shall not include any real or
personal City property that is not specifically described in the previous two (2) sentences and shall
not include City 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 7-8-10 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.
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.
SMALL WIRELESS FACILITY: A wireless facility that meets both of the following qualifications:
(i) each antenna is located inside an enclosure of no more than 6 cubic feet in volume or, in the
case of an antenna that has exposed elements, the antenna and all of its exposed elements
could fit within an imaginary enclosure of no more than 6 cubic feet; and (ii) all other wireless
equipment attached directly to a utility pole associated with the facility is cumulatively no more
than 25 cubic feet in volume. The following types of associated ancillary equipment are not
included in the calculation of equipment volume: electric meter, concealment elements,
telecommunications demarcation box, ground-based enclosures, grounding equipment, power
transfer switch, cut-off switch, and vertical cable runs for the connection of power and other
services.
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 (1) or more
specified locations to one (1) 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 City
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 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: Every person engaged in making sales of
telecommunications at retail as defined herein.
TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one
(1) 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.
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: An upright pole designed and used to support electric cables, telephone cables,
telecommunication cables, cable service cables, communication service provider, which are used to
provide lighting, traffic control, signage, or a similar function.
VENT: A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground
casing.
VIDEO SERVICE: As defined in section 21-201(v) of the Illinois Cable and Video Competition Law of
2007, 220 Illinois Compiled Statutes 21-201(v).
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.
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. (Ord. 2007-97, 12-18-2007; amd. Ord. 2017-35, 6-27-2017)
WIRELESS FACILITY: Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including: (i) equipment associated
with wireless communications; and (ii) radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless of technological
configuration. Wireless facility includes small wireless facilities. Wireless facility does not
include: (i) the structure or improvements on, under, or within which the equipment is collocated;
or (ii) wireline backhaul facilities, coaxial or fiber optic cable that is between wireless support
structures or utility poles or coaxial, or fiber optic cable that is otherwise not immediately
adjacent to or directly associated with an antenna.
WIRELESS INFRASTRUCTURE PROVIDER: Any person authorized to provide
telecommunications service in the State that builds or installs wireless communication
transmission equipment, wireless facilities, wireless support structures, or utility poles and that
is not a wireless services provider but is acting as an agent or a contractor for a wireless
services provider for the application submitted to the City.
WIRELESS PROVIDER: A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES: Any person authorized to provide telecommunications service in the
State that builds or installs wireless communication transmission equipment, wireless facilities,
wireless support structures, or utility poles and that is not a wireless services provider but is
acting as an agent or a contractor for a wireless services provider for the application submitted
to the City.
WIRELESS SUPPORT STRUCTURE: A freestanding structure, such as a monopole; tower,
either guyed or self-supporting; billboard; or other existing or proposed structure designed to
support or capable of supporting wireless facilities. Wireless support structure does not include
a utility pole.
(Ord. 2007-97, 12-18-2007; amd. Ord. 2017-35, 6-27-2017)
7-8-3: ANNUAL REGISTRATION REQUIRED:
Every utility that occupies right-of-way within the City shall register on January 1 of each year with
the engineer, providing the utility's name, address and regular business telephone and telecopy
numbers, the name of one (1) 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 twenty four (24)
hour telephone number for each such person, and evidence of insurance as required in section 7-8-
8 of this chapter, in the form of a certificate of insurance. (Ord. 2007-97, 12-18-2007)
7-8-4: 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 City 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 City Engineer
and obtaining a permit from the City 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.
B. Permit Application: All applications for permits pursuant to this chapter shall be filed on a form
provided by the City and shall be filed in such number of duplicate copies as the City 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:
1. The utility's name and address and telephone and telecopy numbers;
2. 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;
3. 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;
4. 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;
5. Evidence that the utility has placed on file with the City:
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 City 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 city finds that
additional information or assurances are needed;
6. Drawings, plans and specifications showing the work proposed, including the certification of an
Illinois licensed professional engineer that such drawings, plans, and specifications comply with
applicable codes, rules, and regulations;
7. Evidence of insurance as required in section 7-8-8 of this chapter;
8. Evidence of posting of the security fund as required in section 7-8-10 of this chapter;
9. Any request for a variance from one or more provisions of this chapter (see section 7-8-21 of this
chapter); and
10. Such additional information as may be reasonably required by the city.
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:
1. 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;
2. In the case of natural gas systems, state the proposed pipe size, design, construction class, and
operating pressures;
3. In the case of water lines, indicate that all requirements of the Illinois environmental protection
agency, division of public water supplies, have been satisfied;
4. 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, the metropolitan water
reclamation district, and the Yorkville-Bristol sanitary district have been satisfied; or
5. 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.
E. Applicant's Duty To Update Information: Throughout the entire permit application review period
and the construction period authorized by the permit, any amendments to information contained
in a permit application shall be submitted by the utility in writing to the city within thirty (30) days
after the change necessitating the amendment.
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 in the amount of
fifty dollars ($50.00). 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. 2007-97, 12-18-2007)
7-8-5: ACTION ON PERMIT APPLICATIONS:
A. City Review Of Permit Applications: Completed permit applications, containing all required
documentation, shall be examined by the city engineer within a reasonable time after filing. If the
application does not conform to the requirements of applicable ordinances, codes, laws, rules,
and regulations, the city engineer shall reject such application in writing, stating the reasons
therefor. If the city engineer is satisfied that the proposed work conforms to the requirements of
this chapter and applicable ordinances, codes, laws, rules, and regulations, the city engineer
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 city engineer, that the construction proposed
under the application shall be in full compliance with the requirements of this chapter.
B. Additional City Review Of Applications Of Telecommunications Retailers:
1. Pursuant to section 4 of the telephone company act, 220 Illinois Compiled Statutes 65/4, a
telecommunications retailer shall notify the city 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 city not less than forty
five (45) days prior to the commencement of work requiring no excavation and not less than forty five
(45) days prior to the commencement of work requiring excavation. The city engineer shall specify
the portion of the right of way upon which the facility may be placed, used and constructed.
2. In the event that the city engineer fails to provide such specification of location to the
telecommunications retailer within either: a) forty five (45) days after service of notice to the city by
the telecommunications retailer in the case of work not involving excavation for new construction or
b) forty five (45) 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.
3. Upon the provision of such specification by the city, where a permit is required for work pursuant to
section 7-8-4 of this chapter the telecommunications retailer shall submit to the city 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 City 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 forty
five (45) days after submission to the city, unless otherwise acted upon by the city, provided the
holder has complied with applicable city codes, ordinances, and regulations. (Ord. 2007-97, 12-
18-2007)
7-8-6: EFFECT OF PERMIT:
A. Authority Granted; No Property Right Or Other Interest Created: A permit from the city authorizes
a permittee to undertake only certain activities in accordance with this chapter on city 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 (6)
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 city with such city
representatives in attendance as the city 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 city does not excuse the
permittee from complying with other requirements of the city and applicable statutes, laws,
ordinances, rules, and regulations. (Ord. 2007-97, 12-18-2007)
7-8-7: 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 city within ninety (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 7-8-21 of this chapter. If the city 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. (Ord. 2007-97, 12-
18-2007)
7-8-8: INSURANCE:
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 city, and its elected and appointed officers, officials, agents, and employees as
additional insureds on the policies listed in subsections A1 and A2 of this section:
1. 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 ($5,000,000.00) for bodily injury or death to each person;
b. Five million dollars ($5,000,000.00) for property damage resulting from any one accident; and
c. Five million dollars ($5,000,000.00) for all other types of liability;
2. Automobile liability for owned, nonowned and hired vehicles with a combined single limit of one
million dollars ($1,000,000.00) for personal injury and property damage for each accident;
3. Workers' compensation with statutory limits; and
4. Employer's liability insurance with limits of not less than one million dollars ($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.
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 city within ten (10) days following receipt of a written request therefor from the city.
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 thirty (30) days after receipt by the City, by registered mail or certified
mail, return receipt requested, of a written notice addressed to the City Mayor of such intent to
cancel or not to renew.
Within ten (10) days after receipt by the city of said notice, and in no event later than ten (10)
days prior to said cancellation, the utility shall obtain and furnish to the city 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 city 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
city and any person for any of the matters that are the subject of the insurance policies or self-
insurance 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. 2007-97, 12-18-2007)
7-8-9: INDEMNIFICATION:
By occupying or constructing facilities in the right of way, a utility shall be deemed to agree to
defend, indemnify and hold the city 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 city, its officials, officers, employees, agents
or representatives. (Ord. 2007-97, 12-18-2007)
7-8-10: 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:
1. The faithful performance by the permittee of all the requirements of this chapter;
2. Any expenditure, damage, or loss incurred by the city occasioned by the permittee's failure to
comply with any codes, rules, regulations, orders, permits and other directives of the city issued
pursuant to this chapter; and
3. The payment by permittee of all liens and all damages, claims, costs, or expenses that the city 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 city 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
city from the permittee pursuant to this chapter or any other applicable law.
B. Form: The permittee shall provide the security fund to the city in the form, at the permittee's
election, of cash, a surety bond in a form acceptable to the city, or an unconditional letter of
credit in a form acceptable to the city. Any surety bond or letter of credit provided pursuant to this
subsection shall, at a minimum:
1. Provide that it will not be canceled without ninety (90) day prior cancellation notice to the city and the
permittee;
2. Not require the consent of the permittee prior to the collection by the city of any amounts covered by
it; and
3. Shall provide a location convenient to the city 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 city engineer, and may also include
reasonable, directly related costs that the city 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 city, 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 city engineer 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 city, upon fourteen (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 city for such
amount within the fourteen (14) day notice period. Withdrawals may be made if the permittee:
1. Fails to make any payment required to be made by the permittee hereunder;
2. Fails to pay any liens relating to the facilities that are due and unpaid;
3. Fails to reimburse the city for any damages, claims, costs or expenses which the city has been
compelled to pay or incur by reason of any action or nonperformance by the permittee; or
4. Fails to comply with any provision of this chapter that the city determines can be remedied by an
expenditure of an amount in the security fund.
E. Replenishment: Within fourteen (14) days after receipt of written notice from the city 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 city, upon written request for said withdrawal to
the city, 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 city 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 city to the extent necessary to cover
any reasonable costs, loss or damage incurred by the city 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 city with respect to the security fund are in addition
to all other rights of the city, 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 city may have. Notwithstanding the foregoing, the city shall not be entitled to a
double monetary recovery with respect to any of its rights which may be infringed or otherwise
violated. (Ord. 2007-97, 12-18-2007)
7-8-11: PERMIT SUSPENSION AND REVOCATION:
A. City Right To Revoke Permit: The city may revoke or suspend a permit issued pursuant to this
chapter for one or more of the following reasons:
1. Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application;
2. Noncompliance with this chapter;
3. 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
4. Permittee's failure to construct the facilities substantially in accordance with the permit and approved
plans.
B. Notice Of Revocation Or Suspension: The city shall send written notice of its intent to revoke or
suspend a permit issued pursuant to this chapter stating the reason or reasons for the revocation
or suspension and the alternatives available to permittee under this section.
C. Permittee Alternatives Upon Receipt Of Notice Of Revocation Or Suspension: Upon receipt of a
written notice of revocation or suspension from the city, the permittee shall have the following
options:
1. Immediately provide the city with evidence that no cause exists for the revocation or suspension;
2. Immediately correct, to the satisfaction of the city, the deficiencies stated in the written notice,
providing written proof of such correction to the city within five (5) working days after receipt of the
written notice of revocation; or
3. 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 city providing written proof of
such removal to the city within ten (10) days after receipt of the written notice of revocation.
The city 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 city may
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 city or its designee may, at the option of the city: 1)
correct the deficiencies; 2) upon not less than twenty (20) days' notice to the permittee, remove
the subject facilities or equipment; or 3) after not less than thirty (30) days' notice to the
permittee of failure to cure the noncompliance, deem them abandoned and property of the city.
The permittee shall be liable in all events to the city for all costs of removal. (Ord. 2007-97, 12-
18-2007)
7-8-12: CHANGE OF OWNERSHIP OR OWNER'S IDENTITY OR LEGAL
STATUS:
A. Notification Of Change: A utility shall notify the city no less than thirty (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 city'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. 2007-97, 12-18-2007)
7-8-13: 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:
1. "Standard Specifications For Road And Bridge Construction";
2. "Supplemental Specifications And Recurring Special Provisions";
3. "Highway Design Manual";
4. "Highway Standards Manual";
5. "Standard Specifications For Traffic Control Items";
6. "Illinois Manual On Uniform Traffic Control Devices" (92 Ill. adm. code section 545);
7. "Flagger's Handbook"; and
8. "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 city engineer shall determine, in
the exercise of sound engineering judgment, which principles apply and such decision shall be
final. If requested, the city engineer shall state which standard or principle will apply to the
construction, maintenance, or operation of a facility in the future. (Ord. 2007-97, 12-18-2007)
7-8-14: TRAFFIC CONTROL:
A. Minimum Requirements: The city'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 forty eight (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 7-8-20 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 city. (Ord. 2007-97, 12-18-2007)
7-8-15: 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.
1. No Interference With City Facilities: No utility facilities shall be placed in any location if the city
engineer determines that the proposed location will require the relocation or displacement of any of
the city's utility facilities or will otherwise interfere with the operation or maintenance of any of the
city's utility facilities.
2. 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.
3. No Interference With Travel: No utility facility shall be placed in any location that interferes with the
usual travel on such right of way.
4. 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.
5. 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.
B. Parallel Facilities Located Within Highways:
1. 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 (2') (0.6 m) 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 (4') (1.2 m) 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 (1') (0.3 m) of the right of way line or as
near as possible to the right of way line.
2. Underground Parallel Facilities: An underground parallel facility may be located within the right of
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 (8')
(2.4 m) 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 (5') (1.5 m) from the right of way line and
any above grounded appurtenance shall be located within one foot (1') (0.3 m) of the right of way
line or as near as practicable.
C. Facilities Crossing Highways:
1. No Future Disruption: The construction and design of crossing facilities installed between the ditch
lines or curb lines of city 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.
2. Cattle Passes, Culverts, Or Drainage Facilities: Crossing facilities shall not be located in cattle
passes, culverts, or drainage facilities.
3. Ninety Degree Crossing Required: Crossing facilities shall cross at or as near to a ninety degree
(90°) angle to the centerline as practicable.
4. 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 Ill. Adm. Code 305);
b. Poles are located within one foot (1') (0.3 m) of the right-of-way line of the highway and outside of
the clear zone; and
c. Overhead crossings at major intersections are avoided.
5. 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.
6. Markers: The City 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 City may require that facilities be
located within particular rights-of-way that are not highways, rather than within particular
highways.
E. Freestanding Facilities:
1. The City may restrict the location and size of any freestanding facility located within a right-of-way.
2. The City 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:
1. No other existing facilities in the area are located underground;
2. New underground installation is not technically feasible;
3. 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, self-supporting 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; (Ord. 2007-97, 12-18-2007)
4. No more than two (2) personal wireless telecommunications facilities will be permitted on utility poles
or alternative antenna structure of ninety feet (90') 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 feet (90') and less than one hundred twenty
feet (120');
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 percent (100%) of the height of such a
facility to any residential building and no closer than five hundred feet (500') 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;
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 feet (8') above grade;
10. The top of the highest point of the antenna cannot extend more than seven feet (7') 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
feet (10') higher than existing poles adjacent to the replacement or new pole structure, or no more
than ninety feet (90') 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;
and
13. 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. (Ord. 2017-35, 6-27-2017)
G. Facility Attachments To Bridges Or Roadway Structures:
1. 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.
2. 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:
1. The city may prohibit the installation of facilities in particular locations in order to preserve visual
quality.
2. 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. (Ord. 2007-97,
12-18-2007)
7-8-16: CONSTRUCTION METHODS AND MATERIALS:
A. Standards And Requirements For Particular Types Of Construction Methods:
1. 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 city director of public works from the edge of the pavement. Pits
for boring or jacking shall be excavated no more than forty eight (48) hours in advance of boring or
jacking operations and backfilled within forty eight (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 (6") (0.15 m) 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 (1") (25 mm).
d. Borings With Diameters Six Inches Or Less: Borings of six inches (6") 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 city to be
preserved or protected shall be bored under or around the root system.
2. 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 (1/2) of any intersection may have an open trench at
any time unless special permission is obtained from the city engineer.
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 city to
be preserved.
3. Backfilling:
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 (3) 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 engineer, 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 engineer.
4. 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 A4 is permitted under section 7-8-21 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-7 gradation, as designated by the engineer.
b. Restoration of pavement, in kind, shall be accomplished as soon as practicable and at twice the
amount of the existing pavement depth, 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 city.
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
(7) years, or resurfaced in the last three (3) 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.
5. Encasement:
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 city.
b. The venting, if any, of any encasement shall extend within one foot (1') (0.3 m) 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 city 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 city. Bell and spigot type pipe shall be encased
regardless of installation method.
d. In the case of gas pipelines of sixty (60) psig or less, encasement may be eliminated.
e. In the case of gas pipelines or petroleum products pipelines with installations of more than sixty (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.
6. Minimum Cover Of Underground Facilities: Cover shall be provided and maintained at least in the
amount specified in the Yorkville subdivision control ordinances 2000-2, as amended from time to
time.
B. Standards And Requirements For Particular Types Of Facilities:
1. Electric Power Or Communication Lines:
a. Code Compliance: Electric power or communications facilities within city 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 city. Weather permitting, utilities shall
bury all temporary drops, excluding snow drops, within ten (10) business days after placement.
2. 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.
3. Gas Transmission, Distribution And Service: Gas pipelines within rights of way shall be constructed,
maintained, and operated in a city 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.
4. 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).
5. 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" and "Yorkville's Standard Specifications For Improvements".
6. 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 (1') (305 mm) 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 engineer. With the approval of the engineer, 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.
C. Materials:
1. 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.
2. Material Storage On Right Of Way: No material shall be stored on the right of way without the prior
written approval of the city engineer. When such storage is permitted, all pipe, conduit, wire, poles,
cross arms, or other materials shall be distributed along the right of way 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 city.
3. Hazardous Materials: The plans submitted by the utility to the city 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:
1. Construction operations on rights of way may, at the discretion of the city, 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.
2. These restrictions may be waived by the engineer when emergency work is required to restore vital
utility services.
3. Unless otherwise permitted by the city, the hours of construction are those set forth in section 8-1-2B
of this code.
E. Location Of Existing Facilities: Any utility proposing to construct facilities in the city 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 city 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 city or by JULIE, a utility shall locate and physically
mark its underground facilities within forty eight (48) hours, excluding weekends and holidays, in
accordance with the Illinois underground facilities damage prevention act1. (Ord. 2007-97, 12-18-
2007)
7-8-17: SMALL WIRELESS FACILITIES
Regulation of Small Wireless Facilities.
Permitted Use. Small wireless facilities shall be classified as permitted uses and subject to
administrative review, except as provided in paragraph (9) regarding Height Exceptions or
Variances, but not subject to zoning review or approval if they are collocated (i) in rights-of-way
in any zoning district, or (ii) outside rights-of-way in property zoned exclusively for commercial or
industrial use.
Permit Required. An applicant shall obtain one or more permits from the City to collocate a
small wireless facility. An application shall be received and processed, and permits issued shall
be subject to the following conditions and requirements:
(1) Application Requirements. A wireless provider shall provide the following information
to the City, together with the City’s Small Cell Facilities Permit Application, as a
condition of any permit application to collocate small wireless facilities on a utility
pole or wireless support structure:
a. Site specific structural integrity and, for a municipal utility pole, make-ready
analysis prepared by a structural engineer, as that term is defined in Section
4 of the Structural Engineering Practice Act of 1989;
b. The location where each proposed small wireless facility or utility pole would
be installed and photographs of the location and its immediate surroundings
depicting the utility poles or structures on which each proposed small wireless
facility would be mounted or location where utility poles or structures would
be installed. This should include a depiction of the completed facility;
c. Specifications and drawings prepared by a structural engineer, as that term is
defined in Section 4 of the Structural Engineering Practice Act of 1989, for
each proposed small wireless facility covered by the application as it is
proposed to be installed;
d. The equipment type and model numbers for the antennas and all other
wireless equipment associated with the small wireless facility;
e. A proposed schedule for the installation and completion of each small
wireless facility covered by the application, if approved; and
f. Certification that the collocation complies with the Collocation Requirements
and Conditions contained herein, to the best of the applicant’s knowledge.
g. In the event that the proposed small wireless facility is to be attached to an
existing pole owned by an entity other than the City, the wireless provider
shall provide legally competent evidence of the consent of the owner of such
pole to the proposed collocation.
(2) Application Process. The City shall process applications as follows:
a. The first completed application shall have priority over applications received
by different applicants for collocation on the same utility pole or wireless
support structure.
b. An application to collocate a small wireless facility on an existing utility pole or
wireless support structure, or replacement of an existing utility pole or
wireless support structure shall be processed on a nondiscriminatory basis
and shall be deemed approved if the City fails to approve or deny the
application within 90 days after the submission of a completed application.
However, if an applicant intends to proceed with the permitted activity on a
deemed approved basis, the applicant shall notify the City in writing of its
intention to invoke the deemed approved remedy no sooner than 75 days
after the submission of a completed application.
The permit shall be deemed approved on the latter of the 90th day after
submission of the complete application or the 10th day after the receipt of the
deemed approved notice by the City. The receipt of the deemed approved
notice shall not preclude the City's denial of the permit request within the time
limits as provided under this Ordinance.
c. An application to collocate a small wireless facility that includes the
installation of a new utility pole shall be processed on a nondiscriminatory
basis and deemed approved if the City fails to approve or deny the
application within 120 days after the submission of a completed application.
However, if an applicant intends to proceed with the permitted activity on a
deemed approved basis, the applicant shall notify the City in writing of its
intention to invoke the deemed approved remedy no sooner than 105 days
after the submission of a completed application.
The permit shall be deemed approved on the latter of the 120th day after
submission of the complete application or the 10th day after the receipt of the
deemed approved notice by the City. The receipt of the deemed approved
notice shall not preclude the City's denial of the permit request within the time
limits as provided under this Ordinance.
d. The City shall deny an application which does not meet the requirements of
this Ordinance.
If the City determines that applicable codes, ordinances or regulations that
concern public safety, or the Collocation Requirements and Conditions
contained herein require that the utility pole or wireless support structure be
replaced before the requested collocation, approval shall be conditioned on
the replacement of the utility pole or wireless support structure at the cost of
the provider.
The City shall document the basis for a denial, including the specific code
provisions or application conditions on which the denial is based, and send
the documentation to the applicant on or before the day the City denies an
application.
The applicant may cure the deficiencies identified by the City and resubmit
the revised application once within 30 days after notice of denial is sent to the
applicant without paying an additional application fee. The City shall approve
or deny the revised application within 30 days after the applicant resubmits
the application or it is deemed approved. Failure to resubmit the revised
application within 30 days of denial shall require the applicant to submit a
new application with applicable fees, and recommencement of the City’s
review period.
The applicant must notify the City in writing of its intention to proceed with the
permitted activity on a deemed approved basis, which may be submitted with
the revised application.
Any review of a revised application shall be limited to the deficiencies cited in
the denial. However, this revised application does not apply if the cure
requires the review of a new location, new or different structure to be
collocated upon, new antennas, or other wireless equipment associated with
the small wireless facility.
e. Pole Attachment Agreement. Within 30 days after an approved permit to
collocate a small wireless facility on a municipal utility pole, the City and the
applicant shall enter into a Master Pole Attachment Agreement, provided by
the City for the initial collocation on a municipal utility pole by the application.
For subsequent approved permits to collocate on a small wireless facility on a
municipal utility pole, the City and the applicant shall enter into a License
Supplement of the Master Pole Attachment Agreement.
(3) Completeness of Application. Within 30 days after receiving an application, the City
shall determine whether the application is complete and notify the applicant. If an
application is incomplete, the City must specifically identify the missing information.
An application shall be deemed complete if the City fails to provide notification to the
applicant within 30 days after all documents, information and fees specifically
enumerated in the City's permit application form are submitted by the applicant to the
City.
Processing deadlines are tolled from the time the City sends the notice of
incompleteness to the time the applicant provides the missing information.
(4) Tolling. The time period for applications may be further tolled by:
a. An express written agreement by both the applicant and the City; or
b. A local, State or federal disaster declaration or similar emergency that causes
the delay.
(5) Consolidated Applications. An applicant seeking to collocate small wireless facilities
within the jurisdiction of the City shall be allowed, at the applicant's discretion, to file
a consolidated application and receive a single permit for the collocation of up to 25
small wireless facilities if the collocations each involve substantially the same type of
small wireless facility and substantially the same type of structure.
If an application includes multiple small wireless facilities, the City may remove small
wireless facility collocations from the application and treat separately small wireless
facility collocations for which incomplete information has been provided or that do not
qualify for consolidated treatment or that are denied. The City may issue separate
permits for each collocation that is approved in a consolidated application.
(6) Duration of Permits. The duration of a permit shall be for a period of not less than 5
years, and the permit shall be renewed for equivalent durations unless the City
makes a finding that the small wireless facilities or the new or modified utility pole do
not comply with the applicable City codes or any provision, condition or requirement
contained in this Ordinance.
If the Act is repealed as provided in Section 90 therein, renewals of permits shall be
subject to the applicable City code provisions or regulations in effect at the time of
renewal.
(7) Means of Submitting Applications. Applicants shall submit applications, supporting
information and notices to the City by personal delivery at the City’s designated place
of business, by regular mail postmarked on the date due or by any other commonly
used means, including electronic mail or via the City’s website.
Collocation Requirements and Conditions.
(1) Public Safety Space Reservation. The City may reserve space on municipal utility
poles for future public safety uses, for the City’s electric utility uses, or both, but a
reservation of space may not preclude the collocation of a small wireless facility
unless the City reasonably determines that the municipal utility pole cannot
accommodate both uses.
(2) Installation and Maintenance. The wireless provider shall install, maintain, repair and
modify its small wireless facilities in safe condition and good repair and in
compliance with the requirements and conditions of this Ordinance. The wireless
provider shall ensure that its employees, agents or contracts that perform work in
connection with its small wireless facilities are adequately trained and skilled in
accordance with all applicable industry and governmental standards and regulations.
(3) No interference with public safety communication frequencies. The wireless
provider's operation of the small wireless facilities shall not interfere with the
frequencies used by a public safety agency for public safety communications.
A wireless provider shall install small wireless facilities of the type and frequency that
will not cause unacceptable interference with a public safety agency's
communications equipment.
Unacceptable interference will be determined by and measured in accordance with
industry standards and the FCC's regulations addressing unacceptable interference
to public safety spectrum or any other spectrum licensed by a public safety agency.
If a small wireless facility causes such interference, and the wireless provider has
been given written notice of the interference by the public safety agency, the wireless
provider, at its own expense, shall remedy the interference in a manner consistent
with the abatement and resolution procedures for interference with public safety
spectrum established by the FCC including 47 CFR 22.970 through 47 CFR 22.973
and 47 CFR 90.672 through 47 CFR 90.675.
The City may terminate a permit for a small wireless facility based on such
interference if the wireless provider is not in compliance with the Code of Federal
Regulations cited in the previous paragraph. Failure to remedy the interference as
required herein shall constitute a public nuisance.
(4) The wireless provider shall not collocate small wireless facilities on City utility poles
that are part of an electric distribution or transmission system within the
communication worker safety zone of the pole or the electric supply zone of the pole.
However, the antenna and support equipment of the small wireless facility may be
located in the communications space on the City utility pole and on the top of the
pole, if not otherwise unavailable, if the wireless provider complies with applicable
codes for work involving the top of the pole.
For purposes of this subparagraph, the terms "communications space",
"communication worker safety zone", and "electric supply zone" have the meanings
given to those terms in the National Electric Safety Code as published by the
Institute of Electrical and Electronics Engineers.
(5) The wireless provider shall comply with all applicable codes and local code
provisions or regulations that concern public safety.
(6) The wireless provider shall comply with written design standards that are generally
applicable for decorative utility poles, or reasonable stealth, concealment and
aesthetic requirements that are set forth in a City ordinance, written policy adopted
by the City, a comprehensive plan or other written design plan that applies to other
occupiers of the rights-of-way, including on a historic landmark or in a historic district.
(7) Alternate Placements. Except as provided in this Collocation Requirements and
Conditions Section, a wireless provider shall not be required to collocation small
wireless facilities on any specific utility pole, or category of utility poles, or be
required to collocate multiple antenna systems on a single utility pole. However, with
respect to an application for the collocation of a small wireless facility associated with
a new utility pole, the City may propose that the small wireless facility be collocated
on an existing utility pole or existing wireless support structure within 100 feet of the
proposed collocation, which the applicant shall accept if it has the right to use the
alternate structure on reasonable terms and conditions, and the alternate location
and structure does not impose technical limits or additional material costs as
determined by the applicant.
If the applicant refuses a collocation proposed by the City, the applicant shall provide
written certification describing the property rights, technical limits or material cost
reasons the alternate location does not satisfy the criteria in this paragraph.
(8) Height Limitations. The maximum height of a small wireless facility shall be no more
than 10 feet above the utility pole or wireless support structure on which the small
wireless facility is collocated.
New or replacement utility poles or wireless support structures on which small
wireless facilities are collocated may not exceed the higher of:
a. 10 feet in height above the tallest existing utility pole, other than a utility pole
supporting only wireless facilities, that is in place on the date the application
is submitted to the City, that is located within 300 feet of the new or
replacement utility pole or wireless support structure and that is in the same
right-of-way within the jurisdictional boundary of the City, provided the City
may designate which intersecting right-of-way within 300 feet of the proposed
utility pole or wireless support structures shall control the height limitation for
such facility; or
b. 45 feet above ground level.
(9) Height Exceptions or Variances. If an applicant proposes a height for a new or
replacement pole in excess of the above height limitations on which the small
wireless facility is proposed for collocation, the applicant shall apply for a variance in
conformance with procedures, terms and conditions set forth in section 7-8-22 below.
(10) Contractual Design Requirements. The wireless provider shall comply with
requirements that are imposed by a contract between the City and a private property
owner that concern design or construction standards applicable to utility poles and
ground-mounted equipment located in the right-of-way.
(11) Ground-mounted Equipment Spacing. The wireless provider shall comply with
applicable spacing requirements in applicable codes and ordinances concerning the
location of ground-mounted equipment located in the right-of-way if the requirements
include a waiver, zoning or other process that addresses wireless provider requests
for exception or variance and do not prohibit granting of such exceptions or
variances.
(12) Undergrounding Regulations. The wireless provider shall comply with local code
provisions or regulations concerning undergrounding requirements that prohibit the
installation of new or the modification of existing utility poles in a right-of-way without
prior approval if the requirements include a waiver, zoning or other process that
addresses requests to install such new utility poles or modify such existing utility
poles and do not prohibit the replacement of utility poles.
(13) Collocation Completion Deadline. Collocation for which a permit is granted shall
be completed within 180 days after issuance of the permit, unless the City and the
wireless provider agree to extend this period or a delay is caused by make-ready
work for a municipal utility pole or by the lack of commercial power or backhaul
availability at the site, provided the wireless provider has made a timely request
within 60 days after the issuance of the permit for commercial power or backhaul
services, and the additional time to complete installation does not exceed 360 days
after issuance of the permit. Otherwise, the permit shall be void unless the City
grants an extension in writing to the applicant.
Application:
(1) The City shall not require an application, approval or permit, or require any fees or other
charges, from a communications service provider authorized to occupy the rights-of-way,
for:
a. routine maintenance;
b. the replacement of wireless facilities with wireless facilities that are substantially
similar, the same size, or smaller if the wireless provider notifies the City at least
10 days prior to the planned replacement and includes equipment specifications
for the replacement of equipment consistent with subsection d. under the Section
titled Application Requirements; or
c. the installation, placement, maintenance, operation or replacement of micro
wireless facilities suspended on cables that are strung between existing utility
poles in compliance with applicable safety codes.
(2) Wireless providers shall secure a permit from the City to work within rights-of -way for
activities that affect traffic patterns or require lane closures.
Exceptions to Applicability. Nothing in this Ordinance authorizes a person to collocate small
wireless facilities on:
(1) property owned by a private party or property owned or controlled by the City or another
unit of local government that is not located within rights-of-way, or a privately owned
utility pole or wireless support structure without the consent of the property owner;
(2) property owned, leased, or controlled by a park district, forest preserve district, or
conservation district for public park, recreation or conservation purposes without the
consent of the affected district, excluding the placement of facilities on rights-of-way
located in an affected district that are under the jurisdiction and control of a different unit
of local government as provided by the Illinois Highway Code; or
(3) property owned by a rail carrier registered under Section 18c-7201 of the Illinois Vehicle
Code, Metra Commuter Rail or any other public commuter rail service, or an electric
utility as defined in Section 16-102 of the Public Utilities Act, without the consent of the
rail carrier, public commuter rail service, or electric utility. The provisions of this
Ordinance do not apply to an electric or gas public utility or such utility's wireless
facilities if the facilities are being used, developed and maintained consistent with the
provisions of subsection (i) of Section 16-108.5 of the Public Utilities Act.
For the purposes of this subsection, "public utility" has the meaning given to that term in
Section 3-105 of the Public Utilities Act. Nothing in this Ordinance shall be construed to
relieve any person from any requirement (a) to obtain a franchise or a State-issued
authorization to offer cable service or video service or (b) to obtain any required
permission to install, place, maintain, or operate communications facilities, other than
small wireless facilities subject to this Ordinance.
Pre-Existing Agreements. Existing agreements between the City and wireless providers that
relate to the collocation of small wireless facilities in the right-of-way, including the collocation of
small wireless facilities on City utility poles, that are in effect on June 1, 2018, remain in effect
for all small wireless facilities collocated on the City’s utility poles pursuant to applications
submitted to the City before June 1, 2018, subject to applicable termination provisions contained
therein. Agreements entered into after June 1, 2018, shall comply with this Ordinance.
A wireless provider that has an existing agreement with the City on the effective date of the Act
may accept the rates, fees and terms that the City makes available under this Ordinance for the
collocation of small wireless facilities or the installation of new utility poles for the collocation of
small wireless facilities that are the subject of an application submitted two or more years after
the effective date of the Act by notifying the City that it opts to accept such rates, fees and
terms. The existing agreement remains in effect, subject to applicable termination provisions, for
the small wireless facilities the wireless provider has collocated on the City’s utility poles
pursuant to applications submitted to the City before the wireless provider provides such notice
and exercises its option under this paragraph.
Annual Recurring Rate. A wireless provider shall pay to the City an annual recurring rate to
collocate a small wireless facility on a City utility pole located in a right-of-way that equals (i)
$200 per year or (ii) the actual, direct and reasonable costs related to the wireless provider’s
use of space on the City utility pole.
If the City has not billed the wireless provider actual and direct costs, the fee shall be $200
payable on the first day after the first annual anniversary of the issuance of the permit or notice
of intent to collocate, and on each annual anniversary date thereafter.
Abandonment. A small wireless facility that is not operated for a continuous period of 12
months shall be considered abandoned. The owner of the facility shall remove the small
wireless facility within 90 days after receipt of written notice from the City notifying the wireless
provider of the abandonment.
The notice shall be sent by certified or registered mail, return receipt requested, by the City to
the owner at the last known address of the wireless provider. If the small wireless facility is not
removed within 90 days of such notice, the City may remove or cause the removal of such
facility pursuant to the terms of its pole attachment agreement for municipal utility poles or
through whatever actions are provided for abatement of nuisances or by other law for removal
and cost recovery.
A wireless provider shall provide written notice to the City if it sells or transfers small wireless
facilities within the jurisdiction of the City. Such notice shall include the name and contact
information of the new wireless provider.
Section 4. Dispute Resolution.
The Circuit Court of Kendall County shall have exclusive jurisdiction to resolve all disputes
arising under the Small Wireless Facilities Deployment Act. Pending resolution of a dispute
concerning rates for collocation of small wireless facilities on municipal utility poles within the
right-of-way, the City shall allow the collocating person to collocate on its poles at annual rates
of no more than $200 per year per municipal utility pole, with rates to be determined upon final
resolution of the dispute.
Indemnification.
A wireless provider shall indemnify and hold the City harmless against any and all liability or
loss from personal injury or property damage resulting from or arising out of, in whole or in part,
the use or occupancy of the City improvements or right-of-way associated with such
improvements by the wireless provider or its employees, agents, or contractors arising out of the
rights and privileges granted under this Ordinance and the Act. A wireless provider has no
obligation to indemnify or hold harmless against any liabilities and losses as may be due to or
caused by the sole negligence of the City or its employees or agents. A wireless provider shall
further waive any claims that they may have against the City with respect to consequential,
incidental, or special damages, however caused, based on the theory of liability.
Insurance.
The wireless provider shall carry, at the wireless provider's own cost and expense, the following
insurance:
(i) property insurance for its property's replacement cost against all risks;
(ii) workers' compensation insurance, as required by law;
OR
(iii) commercial general liability insurance with respect to its activities on the City improvements
or rights-of-way to afford minimum protection limits consistent with its requirements of other
users of City improvements or rights-of-way, including coverage for bodily injury and property
damage.
The wireless provider shall include the City as an additional insured on the commercial general
liability policy and provide certification and documentation of inclusion of the City in a
commercial general liability policy prior to the collocation of any wireless facility.
A wireless provider may self-insure all or a portion of the insurance coverage and limit
requirement required by the City. A wireless provider that self-insures is not required, to the
extent of the self-insurance, to comply with the requirement for the name of additional insureds
under this Section. A wireless provider that elects to self-insure shall provide to the City
evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage limits
required by the City.
7-8-1718: 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 city 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.
1. 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.
2. 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 city 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 city 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 city 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:
1. 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 city for any purpose, including the control of growth,
insects or disease.
2. 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 engineer that such spraying is the only practicable method of
vegetation control. (Ord. 2007-97, 12-18-2007)
7-8-1819: REMOVAL, RELOCATION, OR MODIFICATIONS OF UTILITY
FACILITIES:
A. Notice: Within ninety (90) days following written notice from the city, 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 city improvement in or upon, or the
operations of the city in or upon, the rights of way.
B. Removal Of Unauthorized Facilities: Within thirty (30) days following written notice from the city,
any utility that owns, controls, or maintains any unauthorized facility or related appurtenances
within the rights of 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:
1. Upon expiration or termination of the permittee's license or franchise, unless otherwise permitted by
applicable law;
2. If the facility was constructed or installed without the prior grant of a license or franchise, if required;
3. If the facility was constructed or installed without prior issuance of a required permit in violation of
this chapter; or
4. 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 city retains the right and privilege to cut or
move any facilities located within the rights of way of the city, as the city 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 city, the
utility shall notify the city within ninety (90) days. Following receipt of such notice the city may
direct the utility to remove all or any portion of the facility if the city engineer determines that such
removal will be in the best interest of the public health, safety and welfare. In the event that the
city does not direct the utility that abandoned the facility to remove it, by giving notice of
abandonment to the city, 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. (Ord. 2007-97, 12-18-
2007)
7-8-1920: CLEANUP AND RESTORATION:
The utility shall submit a landscape restoration plan to the city engineer for approval. The utility shall
remove all excess material and restore all turf and terrain and other property within ten (10) 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 city engineer. This includes restoration of
entrances and side roads. Restoration of roadway surfaces shall be made using materials and
methods approved by the city engineer in the landscape restoration plan. 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 city
engineer for good cause shown. (Ord. 2007-97, 12-18-2007)
7-8-2021: 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 city and at the utility's expense.
B. Emergency Maintenance Procedures: Emergencies may justify noncompliance with normal
procedures for securing a permit:
1. 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.
2. In an emergency, the utility shall, as soon as possible, notify the city engineer 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 city police shall
be notified immediately.
3. 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 city a description of the repairs
undertaken in the right of way within forty eight (48) hours after an emergency repair. (Ord. 2007-
97, 12-18-2007)
7-8-2122: 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 city engineer 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 city engineer 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 city engineer may authorize a variance only if the utility
requesting the variance has demonstrated that:
1. 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
2. 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
city engineer 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 city engineer under the provisions of this chapter
shall have the right to appeal to the city council, or such other board or commission as it may
designate. The application for appeal shall be submitted in writing to the city clerk within thirty
(30) days after the date of such order, requirement, decision or determination. The city council
shall commence its consideration of the appeal at the council's next regularly scheduled meeting
occurring at least seven (7) days after the filing of the appeal. The city council shall timely decide
the appeal. (Ord. 2007-97, 12-18-2007)
7-8-2223: 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 city 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 city'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 city. Sanctions may be imposed
upon a utility that does not pay the costs apportioned to it. (Ord. 2007-97, 12-18-2007)
7-8-2324: ENFORCEMENT:
Nothing in this chapter shall be construed as limiting any additional or further remedies that the city
may have for enforcement of this chapter. (Ord. 2007-97, 12-18-2007)
Footnotes - Click any footnote link to go back to its reference.
Footnote 1: 220 ILCS 50/1 et seq.
PUBLIC NOTICE OF A HEARING BEFORE
THE UNITED CITY OF YORKVILLE
PLANNING AND ZONING COMMISION
NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall
County, Illinois, petitioner, is proposing a text amendment for consideration of
updates to “Chapter 18: Telecommunication Tower and Antenna Regulations” of
the United City of Yorkville Zoning Ordinance.
NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for
the United City of Yorkville will conduct a public hearing at a special meeting on
said amendments on Wednesday, July 18, 2018 at 7 p.m. at the Yorkville City
Hall, located at 800 Game Farm Road, Yorkville, Illinois 60560.
The public hearing may be continued from time to time to dates certain without
further notice being published.
All interested parties are invited to attend the public hearing and will be given an
opportunity to be heard. Any written comments should be addressed to the United
City of Yorkville Community Development Department, City Hall, 800 Game
Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public
hearing.
By order of the Corporate Authorities of the United City of Yorkville, Kendall
County, Illinois.
BETH WARREN
City Clerk
BY: Lisa Pickering
Deputy Clerk