===== PDF PAGE 5 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: Lf •~.:. An Ordinance Amending the Municipal Code, Chapter 15, Article VI - General Standards for Small Wireless FILE NUMBER: Facility Design, Stealth, and Concealment COMMITTEE AGENDA DATE: Feb 3, 2022 COUNCIL AGENDA DATE:Ordinance No. 22-0-0002 STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE /\... )/ --:> APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE ---------- ITEM SUMMARY: In December of 2019, the City Council approved Ordinance No. 19-0-0038, which provided a comprehensive amendment to the City's cell tower siting regulations in Chapter 15 of the Municipal Code. When the Infrastructure Committee reviewed the proposed amendment, the Committee requested that staff develop a design, stealth, and concealment ordinance for small wireless facilities to supplement the new siting regulations. As was done with the development of the comprehensive ordinance in 2019, the City contracted with Municipal Services Associates, Inc. to prepare this ordinance. The consultant has prepared a draft ordinance based on input from both Community Development and Public Works. Highlights from the Ordinance include: • Minimum height of eight feet from grade for all antennas and related mounting equipment. • Maximum height of 45 feet from grade and maximum height of ten feet above the existing pole if it is attached. • Restrictions for allowable coverings such as cylinders, caps, shrouds, and shields. • Required color schemes to be neutral or closely identical to supporting structure. • Prohibition of lighting on top of antennas, unless required by state or federal law. • Power meters proposed in a right-of-way require review and approval by Public Works. • Antennae must appear hidden within the utility pole or to appear as an original part of the pole. • Required review by Public Works for mounting on City-owned infrastructure. • Required review by Community Development for new wireless support structures. • Location and setback requirements. • Regulations for small cell facilities in Historic Districts and Landmarks. The proposed Ordinance will complement the City's existing regulations for small cell tower siting and are consistent with design standards other municipalities in the region have adopted. Staff recommends approval of the proposed ordinance. ACTION PROPOSED: Approval of the proposed Ordinance for Small Wireless Facility Design, Stealth, and Concealment COMMITTEE RECOMMENDATION: Attached: Draft Ordinance ===== PDF PAGE 6 ===== [Extraction: embedded PDF text] ORDINANCE NO. 22-0-0002 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO - CHAPTER 15 (PUBLIC WAYS), ADDING A NEW ARTICLE VI - GENERAL STANDARDS FOR SMALL WIRELESS FACILITY DESIGN, STEALTH, AND CONCEALMENT, SECTION 15-68-15-77 WHEREAS, the City of West Chicago (the "City") is a home-rule municipality pursuant to Article VII, Section 6, of the Constitution of the State of Illinois, and as such is authorized to take all reasonable action pertaining to its affairs in accordance therewith; and WHEREAS, the City is further authorized under the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq., and Illinois law to adopt ordinances pertaining to the public health, and safety and welfare; and WHEREAS, the City is further authorized to adopt the amendments contained herein pursuant to its authority to regulate the public right-of-way under section 11-80-1 et seq., of the Illinois Municipal Code; and WHEREAS, the City uses public right-of-way within its City limits to provide essential public services to its residents and businesses. The public right-of-way within the City is 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 right-of-way is used, repaired, and maintained in a manner that best serves the public interest; and WHEREAS, growing demand for personal wireless telecommunications services has resulted in increasing requests nationwide and locally from the wireless industry to place small cell facilities, distrubted antenna systems, and other personal wirless telecommunications facilities on utility and street light poles and other structures in the public right-of-way. While State and federal law limit the authority of local goverments to enact laws that unreasonable discriminate among providers of functionally equivalent services, prohibit, or have the effect of prohibiting the provision of telecommunication services by wireless services provides, the City is authorized, under existing State and federal law, to enact appropriate regulations and restrictions relative to small cell facilities, distributed antenna systems, and othe personal wireless telecommunication facility installations in the public right-of-way; and WHEREAS, in anticipation of continued increased demand for placement of small cell facilities, distributed antenna systems, and other personal wirless telecommunication facility installations in the public right-of-way, the City Council finds that it is in the best interests of the public health, safety and general welfare of the City to adopt the Ordinance below to establish general standards for small wirless facility design, stealth, and concealment. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chicago, Illinois, as follows: Ordinance 22-0-0002 Page 1 of 11 ===== PDF PAGE 7 ===== [Extraction: embedded PDF text] Section 1. Recitals. The facts and statements contained in the preambles to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2. Adoption. Chapter 15 of the Code of Ordinances of the City of West Chicago shall be amended by the adoption of a new Article VI as stated herein, which will read as follows: "ARTICLE VI. GENERAL STANDARDS FOR SMALL WIRELESS FACILITY DESIGN, STEALTH, AND CONCEALMENT Sec. 15-68 Purpose and scope. The following standards for design, stealth, and concealment apply to the placement of small wireless facilities within the City. Every small wireless facility collocation shall comply with the standards contained in this Article. Sec. 15-69 Definitions. Small Wireless Facilities are defined and are regulated by Chapter 15, Article V of the Municipal Code and all terms used herein are as defined in that Chapter. Sec. 15-70 Height. ( 1) Antennas and their related mounting equipment shall locate the base of the equipment or appurtenances, including, but not limited to, power disconnection boxes, fiber optic connection boxes, and radio support units, at a height no lower than eight (8) feet above grade as measured to the lowest point of installation. (2) No aboveground wireless facility shall exceed a height of forty-five (45) feet above ground level (AGL) or more than ten (10) feet above the highest point of the utility pole or wireless support structure, or city-owned infrastructure, as required by the Illinois Small Wireless Facilities Deployment Act (50 ILCS 840/15(d)(5). (3) The height of a proposed utility pole that includes the antennas of a small wireless facility, shall match the pole height of utility poles in an area surrounding the location of the proposed utility pole no more than two hundred feet (200') in diameter. A proposed utility pole that includes a small wireless facility may be no higher or no lower than other utility poles of the same type within the surrounding area. Sec. 15-71 Antennas. (1) Antennas shall, to the extent technically feasible, be designed and installed to appear hidden within the utility pole or to appear like an original part of the utility pole or wireless support structure. A wireless provider may use coverings such as radome cylinders, caps, shrouds, shields, or other design elements to comply with this section. A radome or shroud enclosure shall be not more than six (6) cubic feet in volume, and shall be capable of accepting paint to match the approved color of the small wireless facility. Such covering should not result in a larger or more noticeable facility. Ordinance 22-0-0002 Page 2of11 ===== PDF PAGE 8 ===== [Extraction: embedded PDF text] (2) Each antenna, including coverings and all support equipment, shall be of a neutral color identical to, or closely compatible with, the color of the supporting structure so as to minimize visual obtrusiveness. (3) Where an approved antenna has elements that are exposed, including panels, jumper cables, and mounting equipment, the antenna and all of its exposed elements shall be able to fit within a conceptual enclosure of no more than six ( 6) cubic feet. (4) Top-mounted antennas shall be mounted directly to the top of the utility pole with a smooth transition between the antenna mount and the utility pole or wireless support structure. Antenna installations requiring a vertical extension arm or a horizontal arm extending more than three (3) feet beyond the diameter of the utility pole or wireless support structure at the level of the antenna attachment shall require approval by the Director of Public Works or his or her designee. (5) Side-mounted small wireless facility antennas within a shroud enclosure and side- mounted small wireless facility equipment enclosures shall be, if possible, flush mounted to the utility pole or wireless support structure at the level of the attachment. ( 6) Side-mounted antennas shall be mounted on the side of the utility pole or wireless support structure at a 90-degree angle from the right-of-way and opposite the direction of vehicular traffic traveling along the same side of the right-of-way. (7) Unless otherwise required by applicable federal or state law, antennas mounted to the top of a utility pole or wireless support structure shall not contain lighting or marking of any kind. (8) The City shall encourage wireless providers to utilize integrated antenna and radio units whenever possible in order to improve the appearance of the utility pole or wireless support structure. Sec. 15-73 City-Owned Infrastructure (1) All small wireless facilities installed on City-owned infrastructure shall be mounted on existing street lights, unless otherwise approved by the Director of Public Works or his or her designee. In the event that new wireless support structures are proposed, the support structure shall be proposed to include a street light unless otherwise approved by the Director of Public Works or his or her designee. (2) Small wireless facilities located on street light poles or traffic control structures shall be designed to prevent the blocking of light emanating from the street light fixture or traffic control structure. (3) Small wireless facilities attached to a street light pole, traffic control structure, or other City-owned utility pole shall be attached to the pole or structure using rigid steel clamping mounts or stainless steel banding to the exterior of any metal pole. All mounts and banding shall be the same color as the pole or structure, except as otherwise approved Ordinance 22-0-0002 Page 3of11 ===== PDF PAGE 9 ===== [Extraction: embedded PDF text] by the Director of Public Works or his or her designee. Care should be taken to integrate the mounting elements into the small wireless facility design. Through-bolting or lag bolts on City-owned poles or structures are prohibited. (4) For attachments to existing City-owned utility poles or wireless support structures, wires serving the small wireless facility shall be concealed within the hollow interior of the utility pole, or wireless support structure, or if concealment is not technically feasible, flush mounted to an existing utility pole in an enclosed wire riser on which the facilities are collocated. The color of the enclosed wire riser shall match the color of the pole. For new utility poles or wireless support structures, wires serving the small wireless facility shall be concealed within the hollow interior of the utility pole or wireless support structure. (5) Any new utility pole proposed by a wireless carrier that includes a street light luminaire shall provide photometric calculations prepared by the manufacturer of the luminaire illustrating the spread of light distribution from the luminaire. (6) Small wireless facilities collocated on City-owned utility poles shall not use the same power or communication source providing power and/or communication for the existing infrastructure, except as otherwise provided by the Director of Public Works or his or her designee. Power for the small wireless facilities equipment, shall be sheathed in a separate HDPE conduit from power lines serving the street light or other municipal facility. The conduit shall rise through the interior of the pole unless it is determined by the City that an exterior installation of the conduit is acceptable. The wireless provider shall bundle its wires concealed inside the pole using zip ties or other fasteners allowed by the National Electrical Code, and shall provide color coded tags identifying their wires that are located immediately inside the access portal of the pole. The wireless provider shall coordinate, establish, maintain, and pay for all power and communications connections with private utilities, provided, however, a separate power meter for the small wireless facility proposed for location and installation in the Right-of-Way shall require the review and approval of the Director of Public Works or his or her designee. (7) The City will not authorize any attachments of small wireless facilities to a City- owned utility pole that negatively impact§. the structural integrity of the pole. The City may condition approval of the collocation on replacement or modification of the City- owned utility pole if necessary to meet municipal standards (8) Replacement of Existing Street Light Poles. The following standards apply when replacing an existing street light pole, including ornamental lighting, with a combination of a small wireless facility and ~ street light pole. Such replacements should only be located where an existing street light pole can be removed and replaced, or at a new Ordinance 22-0-0002 Page 4of11 ===== PDF PAGE 10 ===== [Extraction: embedded PDF text] location where it has been identified by the Department of Public Works that a new street light is necessary. All such replacements shall meet the following standards: (a) All replacement street light poles shall conform to a design or designs provided by the City as part of its Design Standards, as may be amended from time to time, unless an alternative design is approved by the Director of Public Works or his or her designee. In areas where the City-approved designs set forth in the City Design Standards are not applicable, replacement street light poles shall be of a similar design, material, and color as the replaced existing street light pole and other poles within the immediate vicinity as established by the City Design Standards, unless an alternative design is approved by the Director of Public Works or his or her designee. The additional City Design Standards may be amended from time to time. (b) All replacement street light poles and pole foundations shall conform to the City's standards and specifications for street light design and construction, unless an alternative design is approved by the Director of Public Works, or his or her designee. Street light pole height shall be measured from the ground to the top of the street light pole. All replacement street light pole heights shall be consistent with_those of existing street lights. ( c) Replacement street light poles shall be an equal distance from other street light poles based upon the average distance between existing street light poles within the designated area and shall adhere to the photometric standard established by the additional City Design Standards, as amended from time to time. ( d) Street light poles shall be designed and engineered to support a luminaire and, if applicable, a mast arm of length equal to that of the mast arm and luminaire that is being replaced. For a new street light pole, the mast arm and luminaire shall be of a length that exists on street light poles in the immediate area, or of a length approved by the Director of Public Works or his or her designee. (e) All luminaires and mast arms, if applicable, shall match the arc and style of the original luminaire and mast arm, unless otherwise approved by the Director of Public Works or his or her designee. (f) The replacement luminaire and mast arm shall be at the same height above Ordinance 22-0-0002 Page 5of11 ===== PDF PAGE 11 ===== [Extraction: embedded PDF text] the ground as the existing luminaire and mast arm. (g) All replacement street light poles shall have new light-emitting diode (LED) light fixtures of the same manufacturer, model and light output as the removed fixture and nearby light fixtures, or as otherwise approved by the Director of Public Works or his or her designee. (h) Replacement street light poles shall have a five (5) year manufacturer's replacement warranty. (i) Replacement street light poles shall meet American Association of State Highway and Transportation Officials (AASHTO) structural guidelines for roadway applications and the American National Standards Institute (ANSI) requirements for vibrations. G) The small wireless facility components shall be sized appropriately to the scale of the street light pole. Components that are excessive in weight or size, including multiple components of the same type, in relation to the scale of the street light pole, shall not be allowed. (k) A decorative transition shall be installed over the equipment enclosure upper bolts, or a decorative base cover shall be installed to match the equipment enclosure size. All hardware connections shall. be hidden from view.. Each street light pole component shall be architecturally compatible to create a cohesive aesthetic. (1) Replacement street light poles shall continue to be owned by the City. Poles that have been replaced by wireless providers that were the property of the City shall be returned to the Department of Public Works. (m) New utility poles proposed by a wireless carrier shall meet the standards for poles established by the City for that area of the City where the proposed pole is to be located. All new utility poles that include a small wireless facility shall be mounted on a concrete foundation, including anchor bolts, that is buried no more than twelve (12) feet below grade. The City may require the wireless carrier to suspend its application for any small wireless facility to be located on a pole that does not meet City standards for design, appearance, or foundation mounting, until the wireless carrier proposes a pole that meets City standards, that are of a design and appearance that are jointly agreed upon by the City and the wireless carrier, or that will be mounted and anchored to a concrete foundation buried below grade. Ordinance 22-0-0002 Page 6of11 ===== PDF PAGE 12 ===== [Extraction: embedded PDF text] (n) Damages and Indemnification. (i) City-owned utility poles that are damaged by the wireless carrier or by a third party, including "Knock-downs" shall require the replacement of the utility pole, including all re-installations and attachments. The wireless provider shall have a procedure in place prior to approval of its permit application regarding notification of its Network Operations Center, or other type of alarm system, in the event of a service outage or pole "Knock-down." The City shall not be responsible for notifying the wireless provider of a disruption in service due to a pole "Knock-down", pole collapse, or other type of physical disruption of service. The replacement of the pole, including attachments, its cost, and the cost of replacing any City infrastructure that is attached to the pole (e.g., street light arm, luminaire, street signs) shall be the responsibility of the wireless carrier or that of the third party that incurred the damage to the utility pole. (ii) In the event that an uninsured third party incurs damage to a utility pole containing a street light or other City-owned infrastructure, the City may seek any remedy to recover its losses and costs that are available to it at law or in equity. (iii) Where such damage to City-owned infrastructure is caused by a wireless provider, 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 wireless provider's 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 a Right-of-Way Use Agreement between the City and the wireless provider, and the Small Wireless Facilities Deployment Act. (9) In the event that the relocation of a small wireless facility located on a utility pole is necessitated by a City infrastructure improvement, the City shall provide written notice to the wireless carrier no later than one hundred eighty (180) days prior to the first day of the month of scheduled construction of the infrastructure improvement. The wireless carrier shall relocate its small wireless facilties within one hundred fifty (150) days from date of notification to a location that shall not interfere with the planned infrastructure improvement, and the wireless carrier shall notify the City in writing upon completion of the relocation. The wireless carrier shall notify the City in writing of its intent to relocate the facility to its original location upon receiving written notification from the City of the completion of the infrastructure improvement. The wireless carrier shall relocate its facility at its own expense. Ordinance 22-0-0002 Page 7of11 ===== PDF PAGE 13 ===== [Extraction: embedded PDF text] Sec. 15-74 Stealth and Concealment Requirements. Wireless providers shall comply with the design and construction standards that are generally applicable to utility installations in the public right-of-way as set forth in Chapter 15, Article III of the Municipal Code (Construction of Utility Facilities in the Rights-of-Way). In addition, wireless providers shall comply with these standards, any other written design standards for decorative utility poles, or reasonable stealth, concealment, and aesthetic requirements that are otherwise identified by the City in an ordinance, written policy adopted by the City Council, in the City's comprehensive plan, or in another written design plan that applies to other occupiers of the rights-of-way, including on a historic landmark or in a historic district, and any requirements adopted pursuant to the Illinois State Agency Historic Resources Preservation Act or the National Historic Preservation Act of 1996, 54 U.S.C. Section 30010let seq., and the regulations promulgated to implement those laws. (1) The use of stealth applications in the location and construction of small wireless facilities is required wherever and whenever possible. Stealth applications mean using the least visually and physically intrusive design and equipment that are not technologically or commercially impracticable under the facts and circumstances, to employ methods that blend into surroundings and not be visible, and to minimize aesthetic and visual impacts on the right-of-way, property, buildings and/or other facilities adjacent to surrounding and, in generally the same area as the requested location of such small wireless facilities. The wireless provider shall use the smallest suitable wireless facilities then in industry use, regardless of location, for the particular application. (2) Color: Small wireless facilities, including, but not limited to, antennas, radios, equipment enclosures, mounting brackets and hardware, posts, cables, shrouds or other coverings, and cables, shall be of a color that is identical to the utility pole or wireless support structure, or of a neutral color that is compatible with the color of the utility pole or wireless support structure, and any surrounding elements so as to camouflage or conceal their appearance, create consistency among right-of-way infrastructure, and to make such small wireless facilities as unobtrusive as possible. The Director of Community Development, or his or her designee, may approve compatible color schemes for antennas and other components of small wireless facilities. A clear, color digital photo simulation of the utility pole or wireless support structure location providing "Before and after" views demonstrating the true visual impact of the proposed small wireless facility on the surrounding environment shall be included in the application. (3) Underground and Pole-Mounted Concealment: Mechanical equipment and devices shall be concealed underground, mounted within a concealment box designed as a decorative pole base, or within unobtrusive equipment enclosures or other devices buried in an underground handhole with a flush-to-grade covering, or mounted directly to the pole or wireless support structure at a minimum of eight (8) feet AGL and screened Ordinance 22-0-0002 Page 8of11 ===== PDF PAGE 14 ===== [Extraction: embedded PDF text] by means of City-approved banners or other approved concealment methods. (4) Equipment Mounted Above Ground: Equipment included in a small wireless facility that is mounted above ground, such as radios, battery boxes, power distribution equipment, signal routing and processing equipment, Ethernet switches and fiber optic interface connections, shall be installed in accordance with the requirements concerning placement and screening of aboveground mounted equipment described in Article III, Section 15-23 and Article V, Section 15-62 of the Municipal Code. (5) Blockage: Small wireless facilities must be located and oriented in such away as to minimize view blockages as established by Municipal Code requirements and additional City design standards. (6) Landscaping and Fencing: Additional landscaping and fencing shall be'required to help mitigate the effects of the installation of any ground-mounted equipment. The wireless provider shall coordinate with the Director of Public Works to identify a mutually agreed upon solution. All ground-mounted equipment must be fully screened at all times. (7) Alternative Measures: Alternative measures for stealth or concealment may be proposed by the wireless provider and approved by the Director of Community Development or his or her designee, if the Director of Community Development or his or her designee determines that the optional measures will be at least as effective.in concealing the small wireless facilities as the measures stated hereinabove. Sec. 15-75 Historic Districts and Landmarks For the East Washington Street Historic District and the Turner Junction Historic District that have been designated as such by the City Council, or on buildings or structures designated as historic landmarks, in addition to the stealth, concealment, and design standards referenced above, the following additional restrictions/conditions shall apply to the installation of small wireless facilities. ( 1) Small wireless facilities shall consist of materials that are consistent with the surrounding elements so as to blend architecturally with any buildings or structures designated as historic landmarks or located within a designated historic district, and shall be designed to blend in with the surrounding historical landmarks or district in design and color. (2) Small wireless facilities shall not be mounted upon any structure designated as a historic landmark. Ordinance 22-0-0002 Page 9of11 ===== PDF PAGE 15 ===== [Extraction: embedded PDF text] (3) No ground-mounted equipment enclosures shall be permitted within a designated historic district except as approved by the City as stealth installations. (4) Small wireless facilities shall not be mounted upon City-owned ornamental street lights except in cases where the equipment enclosure is concealed within the base of the ornamental street light, and the antenna and its related shroud is incorporated in a seamless enclosure on the top of the ornamental street light, pursuant to these design standards and as approved by the Director of Community Development or his or her designee. (5) No Prohibition of Wireless Provider's Technology: The above design or concealment measures with respect to a historic district or historic landmark, including restrictions on a specific category of utility poles, may not have the effect of prohibiting any provider's technology. Such design and concealment measures shall not be considered a part of the small wireless facility for purposes of the size restrictions of a small wireless facility. (6) Enforcement of State and Federal Historic Preservation Regulations: These standards shall not be construed to limit the City's enforcement of historic preservation in conformance with the requirements adopted pursuant to the Illinois State Agency Historic Resources Preservation Act or the National Historic Preservation Act of 1966, 54 U.S.C. Section 300101 et seq., and the regulations adopted to implement those laws. Sec. 15-77 Severability. Each section, paragraph, clause, and provision of these guidelines and standards is severable and if any portion is held unconstitutional or invalid for any reason by a court of competent jurisdiction, such decision shall not affect the remainder of these guidelines and standards, nor any part thereof, other than that part affected by such decision." Section 3. The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Section 4. Effective Date. This Ordinance shall be in full force and effect ten (10) days from and after its passage, approval and publication in pamphlet form as provided by law. Section 5. All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby appealed. Ordinance 22-0-0002 Page 10of11 ===== PDF PAGE 16 ===== [Extraction: embedded PDF text] PASSED, this __ day of _ ______ ~ 2022. Alderman L. Chassee Alderman J. Beifuss Alderman J. Sheahan Alderman H. Brown Alderman A. Hallett Alderman C. Dettmann Alderman S. Dimas Alderman M. Birch-Ferguson __ Alderman C. Swiatek Alderman M. Garling Alderman R. Stout Alderman J. Short Alderman J. Jakabcsin Alderman J. Morano APPROVED as to form: City Attorney APPROVED this __ day of 2022. --------· Mayor, Ruben Pineda ATTEST: Nancy M. Smith, City Clerk PUBLISHED: ----- Ordinance 22-0-0002 Page 11of11