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TO: The Honorable Mayor and City Council
FROM: Law Department
DATE: July 13, 2018
SUBJECT:
An Ordinance amending the City of Aurora Code of Ordinances relative to the permitting, regulation, and development of small wireless facilities.
PURPOSE:
To establish generally applicable standards for the design, permitting, location, construction, deployment, regulation, operation, maintenance, repair and removal of such small wireless facilities both within the public rights-of-way and in certain other locations within the jurisdiction of the City consistent with the limitations on home rule units imposed by the Small Wireless Facilities Deployment Act
BACKGROUND:
Over the course of the past year and a half, the wireless industry aggressively lobbied the Illinois General Assembly to adopt legislation significantly limiting the authority of counties and municipalities to regulate the placement of so-called small wireless facilities or small cell technology within public rights-of-ways. The legislation, which exempted the City of Chicago was not opposed by the Illinois Municipal League, but many of the league's members and other councils of governments vehemently opposed the legislation, including Aurora, the DuPage Mayors and Managers Conference and the MetroWest Council of Government. While these opposition groups were successful in delaying passage of the bill and securing modest amendments, both chambers approved the bill late last fall. The Senate President used a parliamentary technique that delayed the enrolled bill's presentation to the Governor for a few months, but eventually allowed its presentation to the Governor who signed it this spring. Though preempting home rule authority (and exempting Chicago), the bill did authorize municipalities and counties to adopt modest regulations on the placement of small cell facilities provided they were enacted before August 1, 2018.
DISCUSSION:
The provisions of the proposed ordinance mirror those included in model ordinances proposed by the Illinois Municipal League and other communities and have been adapted to match the format used in Chapter 19 of the City of Aurora's Code of Ordinance. Consistent with the other model ordinances, the proposed Aurora ordinance regulates small cell facilities to the extent authorized by the Act.
IMPACT STATEMENT:
By adopting this ordinance, the City will implement modest regulations on small cell facilities.
RECOMMENDATIONS:
That the Committee of the Whole place this proposed ordinance on the City Council's July 24, 2018, agenda for passage at that time.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance amending Chapter 19 the City of Aurora Code of Ordinances by creating Article IV pertaining to the permitting, regulation, and development of small wireless facilities.
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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, the public rights-of-way within City limits are used to provide essential public services to City residents and businesses; 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, growing demand for personal wireless telecommunications services has resulted in increasing requests nationwide and locally from the wireless industry to place small cell antenna facilities, distributed antenna systems, and other small wireless telecommunication facilities on utility and street light poles and other structures both within the public rights-of-way and in other locations; and
WHEREAS, the City is 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, 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 Article 11, Division 80 of the Illinois Municipal Code (65 ILCS 5/11-80-1 et seq.); and
WHEREAS, the City is authorized, under existing State and federal law, to enact appropriate regulations and restrictions relative to small cell antenna facilities, distributed antenna systems, and other small personal wireless telecommunication facility installations both within the public rights-of-way and in other locations within the jurisdiction of the City; and
WHEREAS, Public Act 100-585, known as the Small Wireless Facilities Deployment Act, approved by the Governor on April 12, 2018, with an effective date of June 1, 2018, acts to impose certain additional requirements on municipalities, including the City, regarding the permitting, construction, deployment, regulation, operation, maintenance, repair and removal of certain defined small wireless facilities both within public rights-of-way and in other locations within the jurisdiction of the City; and
WHEREAS, in conformance with the requirements of the Small Wireless Facilities Deployment Act, and in anticipation of a continued increased demand for placement of small wireless facilities of the type regulated by the Small Wireless Facilities Deployment Act both within the public rights-of-way and in other locations within the jurisdiction of the City, the Mayor and City Council finds that it is in the best interests of the public health, safety and general welfare of the City to adopt the code amendments set forth in Exhibit A in order to establish generally applicable standards consistent with the Small Wireless Facilities Deployment Act (Public Act 100-585) for the design, permitting, location, construction, deployment, regulation, operation, maintenance, repair and removal of such small wireless facilities both within the public rights-of-way and in certain other locations within the jurisdiction of the City so as to, among other things: (i) prevent interference with the facilities, maintenance, and operations of the City utilities and of other utilities lawfully located in public rights-of-way or in other locations within the City; (ii) preserve the character of the neighborhoods in which such small wireless facilities are installed; (iii) minimize any adverse visual impact of small wireless facilities and prevent visual blight in the neighborhoods in which such facilities are installed; (iv) ensure the continued safe use and enjoyment of private properties adjacent to small wireless facilities; (v) provide appropriate aesthetic protections to designated areas and historic landmarks or districts within the City; and (vi) ensure that the placement of small wireless facilities does not negatively impact public safety and the City’s public safety technology
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that the recitals above shall be and hereby are incorporated as if fully restated herein, and further
BE IT ORDAINED, that Exhibit A shall be and hereby is adopted in its entirety as Article IV of Chapter 19 of the City of Aurora Code of Ordinances as if fully restated herein, and further
BE IT ORDAINED, that all ordinances or parts of ordinances in conflict with this Ordinance are hereby expressly repealed, and further
BE IT ORDAINED, that except as to the Code amendments set forth in Exhibit A of this Ordinance, all Chapters and Sections of the City Code, as amended, shall remain in full force and effect, and further
BE IT ORDAINED, that each section, paragraph, clause and provision of this Ordinance is separable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this Ordinance, nor any part thereof, other than that part affected by such decision, and further
BE IT ORDAINED, that this Ordinance shall be in full force and effect after its passage, approval and publication in pamphlet form as provided by law.