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TO: Mayor Richard C. Irvin
FROM: Stephane Phifer, Planning and Zoning Director
DATE: July 21, 2017
SUBJECT:
An Ordinance Amending Chapter 19, Article III, entitled "Communication and Data Transfer" of the City of Aurora Code of Ordinances
PURPOSE:
To bring current the regulations regarding towers, antennas and related telecommunications facilities.
BACKGROUND:
On December 13, 2016, with Ordinance O16-083, and again on May 23, 2017 with Ordinance O17-024, the City Council amended Chapter 19, Article III, entitled "Communication and Data Transfer" of the City of Aurora Code of Ordinances as technology is constantly changing, and with the advance of wireless and "small cell" technologies, various changes were made to said Article III. The provisions previously found in Chapter 19 relative to telecommunications services and facilities were originally enacted in the 1990s.
DISCUSSION:
After the implementation of the approved Ordinance, City Council has approved two Master License Agreements allowing for the installation of poles as communication facilities. Staff is proposing to incorporate a number of the provisions found in those agreements into the ordinance to be applied universally. Said revisions are included in the attached amendment.
Additionally, since the ordinance revision in 2016 where a fine was established at $1,000 per day for Commencing work without applying for and receiving appropriate approval, there has continued to be installations without permits. It is therefore recommended that the fine amount be elevated to a level that might serve to deter this practice. The proposed fine is a fine of fifty-thousand dollars ($50,000) per day for each day the violation exists with said per day fine amount doubling every ten (10) days.
IMPACT STATEMENT:
The recommended changes to this Article do not provide any recognizable impacts to general citizenry nor city departments.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the attached recommended amendments to Chapter 19, Article III.
cc: Alderman Saville, Chairman
Alderman Jenkins
Alderman Franco
Alderman Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Amending Chapter 19, Article III, entitled "Communication and Data Transfer" of the City of Aurora Code of Ordinances
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, Chapter 19, Article III of the Aurora Code of Ordinances was written and passed in the late 1990’s, and subsequently updated on December 13, 2016, with Ordinance O16-083 and again on May 23, 2017 with Ordinance O17-024; and
WHEREAS, it is necessary and desirable to update the City’s rules and regulations regarding telecommunications facilities in order to effectively manage same within our city; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that Chapter 19, Article III entitled "Communications Facilities and Services be amended pursuant to Exhibit A.