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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 42, Article X of the Aurora Code of Ordinances entitled "Construction of Facilities in the Public Rights of Way"
PURPOSE:
To update the Code provisions to include regulations specific to the placement of telecommunication, data and wireless communication facilities in the public rights of way.
BACKGROUND:
On December 13, 2016, with Ordinance O16-084, the City Council amended Chapter 42, Article X of the Aurora Code of Ordinances entitled "Construction of Facilities in the Public Rights of Way" of the City of Aurora Code of Ordinances. The provisions were updated along with those found in Chapter 19 "Communication and Data Transfer" relative to communications services and facilities were originally enacted in the 1990s in order to bring current the regulations regarding towers, antennas and related telecommunications facilities. Technology is constantly changing, and with the advance of wireless and "small cell" technologies, various changes were made to said Article X.
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.
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 42, Article X of the Aurora Code of Ordinances entitled "Construction of Facilities in the Public Rights of Way" of the City of Aurora Code of Ordinances.
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 42, Article X of the Aurora Code of Ordinances entitled "Construction of Facilities in the Public Rights of Way"
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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, it is desirable to amend Chapter 42, Article X of the Aurora Code of Ordinances to provide for regulations specific to telecommunications, data and wireless communication facilities in the public rights of way.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that Chapter 42, Article X entitled “Construction of Facilities in the Public Rights of Way” be amended pursuant to Exhibit A