Ordinance 2018-44 UNITED CITY OF YORKVILLE
KENDALL COUNTY,ILLINOIS
ORDINANCE NO.201844
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,AMENDING THE REGULATIONS FOR COLLOCATION OF
SMALL WIRELESS FACILITIES
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 24'h day of July,2018
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on August 7,2018.
Ordinance No.2018-W
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS,AMENDING THE REGULATIONS FOR COLLOCATION OF
SMALL WIRELESS FACILITIES
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, the City uses the public rights-of-way within its corporate limits to provide
essential public services to its residents and businesses and is authorized to regulate the public
right-of-way under Section 11-80-1 of the Illinois Municipal Code (65 ILCS 5/11-80-1 et seq.);
and,
WHEREAS, the public rights-of-way within the City are a limited public resource held
by the City for the benefit of its citizens and the City has a custodial duty to ensure that the
public rights-of-way are used, repaired and maintained in a manner that best serves the public
interest; and,
WHEREAS, Public Act 100-0585, effective June 1, 2018, adopted the Small Wireless
Facilities Deployment Act which specifies how municipalities may regulate certain conditions of
the collocation of small wireless facilities; and,
WHEREAS, the Mayor and City Council (the "Corporate Authorities") has previously
adopted in Chapter 8, entitled CONSTRUCTION OF UTILITY FACILITIES IN RIGHTS-OF-
WAY, of Title 7 of the Yorkville City Code, that established policies and procedures for
construction of facilities on rights-of-way within the City which provides public benefit
consistent with the preservation of the integrity, safe usage and visual qualities of the City's
rights-of-way and the City as a whole; and,
WHEREAS, wireless telecommunication providers desire to install numerous new small
wireless facilities located within public rights-of-way within the City; and,
WHEREAS, the Corporate Authorities desires to regulate the installation and location of
small wireless facilities to minimize these adverse impacts and to equitably allocate opportunities
to install and maintain such facilities at locations within the City in accordance with applicable
federal Law and the Small Wireless Facilities Deployment Act; and,
WHEREAS, the Corporate Authorities finds that it is in the best interests of the public
health, safety and general welfare of the City to adopt the ordinance below in order to establish
generally applicable standards for construction, installation, use, maintenance and repair of such
small wireless facilities, systems and installations within the public right-of-way in the City so as
to, among other things: (i) prevent interference with the facilities and operations of the City's
utilities and of other utilities lawfully located in public right-of-way or property, (ii) provide
specific regulations and standards for the placement and siting of small wireless facilities within
Ordinance No.2018-_qq
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public right-of-way in the City, (iii) preserve the character of the neighborhoods in which
facilities are installed, (iv) minimize any adverse visual impact of small wireless facilities and
prevent visual blight in the neighborhoods in which facilities are installed, (v) facilitate the
location of small wireless facilities in permitted locations within the public right-of-way in the
City, and (vi) assure the continued safe use and enjoyment of private properties adjacent to small
wireless facilities.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That Section 7-8-2 of the Yorkville City Code, as amended, be and is hereby
amended by adding the following definitions:
"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.
FCC: The Federal Communications Commission of the United States.
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.
MUNICIPAL UTILITY POLE: A utility pole owned or operated by the City in public
rights-of-way.
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.
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.
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,
Ordinance No.2018- qq
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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."
and amend the following definition:
"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."
Section 2: That Subsection 7-8-15F. of the Yorkville City Code, as amended, be and is
hereby amended by deleting subparagraphs 4 through 13.
Section 3: That Sections 7-8-17 through 7-8-23 of the Yorkville City Code, as amended,
be and are renumbered as Sections 7-8-18 through 7-8-24.
Section 4: That the Yorkville City Code, as amended, be and is hereby amended by
adding a new Section 7-8-17 read as follows:
"7-8-17: SMALL WIRELESS FACILITIES
A. 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.
Ordinance No.2018-qT
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B. 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
Ordinance No.2018-
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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
Ordinance No.2018-q
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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 Ageement. 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
LiLl
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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.
C. 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
Ordinance No.2018-"
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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.
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(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
Ordinance No.2018-qq
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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.
D. 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.
E. 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.
Ordinance No.2018-'7 L4
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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.
F. 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.
G. 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.
H. Abandonment.A small wireless facility that is not operated for a continuous period of
12 months shall be considered abandoned. The owner of the facility shall remove the
small wireless facility within 90 days after receipt of written notice from the 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.
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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.
I. 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.
J. 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.
K. 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."
Ordinance No.2018- `7—(
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Section 5: That Section 8-10-1A, Fee Schedule, of the Yorkville City Code, as amended,
be and is hereby amended by adding the following subsections after Telecommunication tower,
Equipment shelter building for tower, and Additional antenna or a single user group of antennas
on existing tower:
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 $350.00
existing poles or wireless support structure.
Small wireless facility installation on a new utility pole. $1000.00
Section 6: This Ordinance shall be in full force and effect upon its passage, approval,
and publication in pamphlet form as provided by law.
Passed by the Cit Council of the United City of Yorkville, Kendall County, Illinois
day of , 2018.
CITY CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS ALEX HERNANDEZ
/ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
(O day of AUC-W6-1 6 12018.
A'a'lw UYI
MAYO
Ordinance No.2018- '1 T
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