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1 | AN ACT concerning counties.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Counties Code is amended by changing | |||||||||||||||||||
5 | Section 5-12001.1 as
follows:
| |||||||||||||||||||
6 | (55 ILCS 5/5-12001.1)
| |||||||||||||||||||
7 | Sec. 5-12001.1. Authority to regulate certain specified | |||||||||||||||||||
8 | facilities of a
telecommunications carrier.
| |||||||||||||||||||
9 | (a) Notwithstanding any other Section in this Division, The | |||||||||||||||||||
10 | county board
or
board of county commissioners of any county | |||||||||||||||||||
11 | shall have the power to
regulate the location of the | |||||||||||||||||||
12 | facilities, as defined in subsection (c), of a
| |||||||||||||||||||
13 | telecommunications carrier established outside the corporate | |||||||||||||||||||
14 | limits of cities,
villages, and incorporated towns that have | |||||||||||||||||||
15 | municipal zoning ordinances in
effect. The power shall only be | |||||||||||||||||||
16 | exercised to the extent and in
the manner set forth in this | |||||||||||||||||||
17 | Section.
| |||||||||||||||||||
18 | (b) The provisions of this Section shall not abridge any | |||||||||||||||||||
19 | rights created by
or authority confirmed in the federal | |||||||||||||||||||
20 | Telecommunications Act of 1996, P.L.
104-104.
The county board | |||||||||||||||||||
21 | or board of county commissioners of any county is authorized
to | |||||||||||||||||||
22 | regulate the placement, construction, and modification of the | |||||||||||||||||||
23 | facilities of
a
telecommunications carrier as provided in the | |||||||||||||||||||
24 | federal Telecommunications Act of
1996, P.L. 104-104. The | |||||||||||||||||||
25 | county board or board of county commissioners may
not | |||||||||||||||||||
26 | unreasonably discriminate among providers of functionally | |||||||||||||||||||
27 | equivalent
services and shall not prohibit or have the effect | |||||||||||||||||||
28 | of prohibiting the provision
of telecommunications services as | |||||||||||||||||||
29 | provided in the federal Telecommunications
Act of 1996, P.L. | |||||||||||||||||||
30 | 104-104.
| |||||||||||||||||||
31 | (c) As used in this Section, unless the context otherwise | |||||||||||||||||||
32 | requires:
|
| |||||||
|
|||||||
1 | (1) "county jurisdiction area" means those portions of | ||||||
2 | a county that lie
outside the corporate limits of cities, | ||||||
3 | villages, and incorporated towns that
have municipal | ||||||
4 | zoning ordinances in effect;
| ||||||
5 | (2) "county board" means the county board or board of | ||||||
6 | county commissioners
of any county;
| ||||||
7 | (3) "residential zoning district" means a zoning | ||||||
8 | district that is
designated under a county zoning ordinance | ||||||
9 | and is zoned predominantly for
residential uses;
| ||||||
10 | (4) "non-residential zoning district" means the county | ||||||
11 | jurisdiction area
of a county, except for those portions | ||||||
12 | within a residential zoning district;
| ||||||
13 | (5) "residentially zoned lot" means a zoning lot in a | ||||||
14 | residential zoning
district;
| ||||||
15 | (6) "non-residentially zoned lot" means a zoning lot in | ||||||
16 | a non-residential
zoning district;
| ||||||
17 | (7) "telecommunications carrier" means a | ||||||
18 | telecommunications carrier as
defined in the Public | ||||||
19 | Utilities Act as of January 1, 1997;
| ||||||
20 | (8) "facility" means that part of the signal | ||||||
21 | distribution system used or
operated by a | ||||||
22 | telecommunications carrier under a license from the FCC
| ||||||
23 | consisting of a combination of improvements and equipment | ||||||
24 | including (i) one or
more antennas, (ii) a supporting | ||||||
25 | structure and the hardware by which antennas
are attached; | ||||||
26 | (iii) equipment housing; and (iv) ancillary equipment such | ||||||
27 | as
signal transmission cables and miscellaneous hardware;
| ||||||
28 | (9) "FAA" means the Federal Aviation Administration of | ||||||
29 | the United States
Department of Transportation;
| ||||||
30 | (10) "FCC" means the Federal Communications | ||||||
31 | Commission;
| ||||||
32 | (11) "antenna" means an antenna device by which radio | ||||||
33 | signals are
transmitted, received, or both;
| ||||||
34 | (12) "supporting structure" means a structure, whether | ||||||
35 | an antenna tower or
another type of structure, that | ||||||
36 | supports one or more antennas as part of a
facility;
|
| |||||||
|
|||||||
1 | (13) "qualifying structure" means a supporting | ||||||
2 | structure that is (i) an
existing structure, if the height | ||||||
3 | of the facility, including the structure, is
not more than | ||||||
4 | 15 feet higher than the structure just before the facility | ||||||
5 | is
installed, or (ii) a substantially similar, | ||||||
6 | substantially same-location
replacement of an existing | ||||||
7 | structure, if the height of the facility, including
the | ||||||
8 | replacement structure, is not more than 15 feet higher than | ||||||
9 | the height of
the existing structure just before the | ||||||
10 | facility is installed;
| ||||||
11 | (14) "equipment housing" means a combination of one or | ||||||
12 | more equipment
buildings or enclosures housing equipment | ||||||
13 | that operates in conjunction with
the antennas of a | ||||||
14 | facility, and the equipment itself;
| ||||||
15 | (15) "height" of a facility means the total height of | ||||||
16 | the facility's
supporting structure and any antennas that | ||||||
17 | will extend above the top of the
supporting structure; | ||||||
18 | however, if the supporting structure's foundation extends
| ||||||
19 | more than 3 feet above the uppermost ground level along the | ||||||
20 | perimeter of the
foundation, then each full foot in excess | ||||||
21 | of 3 feet shall be counted as an
additional foot of | ||||||
22 | facility height. The height of a facility's supporting
| ||||||
23 | structure is to be measured from the highest point of the | ||||||
24 | supporting
structure's foundation;
| ||||||
25 | (16) "facility lot" means the zoning lot on which a | ||||||
26 | facility is or will be
located;
| ||||||
27 | (17) "principal residential building" has its common | ||||||
28 | meaning but shall not
include any building under the same | ||||||
29 | ownership as the land of the facility lot.
"Principal | ||||||
30 | residential building" shall not include any structure that | ||||||
31 | is not
designed for human habitation;
| ||||||
32 | (18) "horizontal separation distance" means the | ||||||
33 | distance measured from the
center of the base of the | ||||||
34 | facility's supporting structure to the point where
the | ||||||
35 | ground meets a vertical wall of a principal residential | ||||||
36 | building; and
|
| |||||||
|
|||||||
1 | (19) "lot line set back distance" means the distance | ||||||
2 | measured from the
center of the base of the facility's | ||||||
3 | supporting structure to the nearest point
on the common lot | ||||||
4 | line between the facility lot and the nearest residentially
| ||||||
5 | zoned lot. If there is no common lot line, the measurement | ||||||
6 | shall be made to
the nearest point on the lot line of the | ||||||
7 | nearest residentially zoned lot
without deducting the | ||||||
8 | width of any intervening right of way.
| ||||||
9 | (d) In choosing a location for a facility, a
| ||||||
10 | telecommunications carrier shall consider the following:
| ||||||
11 | (1) A non-residentially zoned lot is the most desirable | ||||||
12 | location.
| ||||||
13 | (2) A residentially zoned lot that is not used for | ||||||
14 | residential purposes is
the second most desirable | ||||||
15 | location.
| ||||||
16 | (3) A residentially zoned lot that is 2 acres or more | ||||||
17 | in size and is used
for residential purposes is the third | ||||||
18 | most desirable location.
| ||||||
19 | (4) A residentially zoned lot that is less than 2 acres | ||||||
20 | in size and is
used for residential purposes is the least | ||||||
21 | desirable location.
| ||||||
22 | The size of a lot shall be the lot's gross area in square | ||||||
23 | feet without
deduction of any unbuildable or unusable land, any | ||||||
24 | roadway, or any other
easement.
| ||||||
25 | (e) In designing a facility, a telecommunications carrier | ||||||
26 | shall at a
minimum abide by
consider the
following guidelines :
| ||||||
27 | (1) No building or tower that is part of a facility | ||||||
28 | will
should
encroach onto
any recorded easement | ||||||
29 | prohibiting the encroachment unless the grantees of the
| ||||||
30 | easement have given their approval.
| ||||||
31 | (2) Lighting will
should be installed for security and | ||||||
32 | safety
purposes only.
Except with respect to lighting | ||||||
33 | required by the FCC or FAA, all lighting
will
should
be | ||||||
34 | shielded so that no glare extends substantially beyond the | ||||||
35 | boundaries of a
facility.
| ||||||
36 | (3) No facility will
should encroach onto an existing |
| |||||||
|
|||||||
1 | septic
field.
| ||||||
2 | (4) Any facility located in a special flood hazard area | ||||||
3 | or wetland
will
should
meet the legal requirements for | ||||||
4 | those lands.
| ||||||
5 | (5) Existing trees more than 3 inches in diameter will
| ||||||
6 | should be
preserved if
reasonably feasible during | ||||||
7 | construction. If any tree more than 3 inches in
diameter is | ||||||
8 | removed during construction a tree 3 inches or more in | ||||||
9 | diameter of
the same or a similar species shall be planted | ||||||
10 | as a replacement if reasonably
feasible. Tree diameter | ||||||
11 | shall be measured at a point 3 feet above ground
level.
| ||||||
12 | (6) If any elevation of a facility faces an existing , | ||||||
13 | adjoining
residential use or
within a residential zoning | ||||||
14 | district, low
maintenance
landscaping will
should be | ||||||
15 | provided on or near the facility lot to
provide at least
| ||||||
16 | partial screening of the facility. The quantity and type of | ||||||
17 | that landscaping
will
should be in accordance with any | ||||||
18 | county landscaping regulations
of general
applicability, | ||||||
19 | except that paragraph (5) of this subsection (e) shall | ||||||
20 | control
over any tree-related regulations imposing a | ||||||
21 | greater burden.
| ||||||
22 | (7) Fencing will
should be installed around a facility. | ||||||
23 | The
height and
materials of the fencing will
should be in | ||||||
24 | accordance with any county
fence
regulations of general | ||||||
25 | applicability.
| ||||||
26 | (8) Any building that is part of a facility located | ||||||
27 | adjacent to a
residentially zoned lot will
should be | ||||||
28 | designed with exterior
materials and colors
that are | ||||||
29 | reasonably compatible with the residential character of | ||||||
30 | the area.
| ||||||
31 | (9) A monopole supporting structure will be required | ||||||
32 | when a facility is
located within 1,000 feet of a principal | ||||||
33 | residential building.
| ||||||
34 | (10) All supporting structures will be designed to | ||||||
35 | accommodate 2 additional
telecommunications carriers.
| ||||||
36 | (f) (Blank).
The following provisions shall apply to all |
| |||||||
|
|||||||
1 | facilities
established in
any county jurisdiction area after | ||||||
2 | the effective date of the amendatory Act of
1997:
| ||||||
3 | (1) Except as provided in this Section, no yard or set | ||||||
4 | back
regulations shall apply to or be required for a | ||||||
5 | facility.
| ||||||
6 | (2) A facility may be located on the same zoning lot as | ||||||
7 | one or more other
structures or uses without violating any | ||||||
8 | ordinance or regulation that prohibits
or limits multiple | ||||||
9 | structures, buildings, or uses on a zoning lot.
| ||||||
10 | (3) No minimum lot area, width, or depth shall be | ||||||
11 | required for a facility,
and unless the facility is to be | ||||||
12 | manned on a regular, daily basis, no
off-street parking | ||||||
13 | spaces shall be required for a facility. If the facility is
| ||||||
14 | to be manned on a regular, daily basis, one off-street | ||||||
15 | parking space shall be
provided for each employee regularly | ||||||
16 | at the facility. No loading facilities
are required.
| ||||||
17 | (4) No portion of a facility's supporting structure or | ||||||
18 | equipment housing
shall be less than 15 feet from the front | ||||||
19 | lot line of the facility lot or less
than 10 feet from any | ||||||
20 | other lot line.
| ||||||
21 | (5) No bulk regulations or lot coverage, building | ||||||
22 | coverage, or floor area
ratio limitations shall be applied | ||||||
23 | to a facility or to any existing use or
structure | ||||||
24 | coincident with the establishment of a facility. Except as | ||||||
25 | provided
in this Section, no height limits or restrictions | ||||||
26 | shall apply to a facility.
| ||||||
27 | (6) A county's review of a building permit application | ||||||
28 | for a facility
shall
be completed within 30 days. If a | ||||||
29 | decision of the county board is required to
permit the | ||||||
30 | establishment of a facility, the county's review of the | ||||||
31 | application
shall be simultaneous with the process leading | ||||||
32 | to the county board's decision.
| ||||||
33 | (7) The improvements and equipment comprising the | ||||||
34 | facility may be wholly
or partly freestanding or wholly or | ||||||
35 | partly attached to, enclosed in, or
installed in or on a | ||||||
36 | structure or structures.
|
| |||||||
|
|||||||
1 | (8) Any public hearing authorized under this Section | ||||||
2 | shall be conducted
in
a manner determined by the county | ||||||
3 | board. Notice of any such public hearing
shall be published | ||||||
4 | at least 15 days before the hearing in a newspaper of
| ||||||
5 | general circulation published in the county.
| ||||||
6 | (9) Any decision regarding a facility by the county | ||||||
7 | board or a county
agency
or official shall be supported by | ||||||
8 | written findings of fact. The circuit court
shall have | ||||||
9 | jurisdiction to review the reasonableness of any adverse | ||||||
10 | decision
and the plaintiff shall bear the burden of proof, | ||||||
11 | but there shall be no
presumption of the validity of the | ||||||
12 | decision.
| ||||||
13 | (g) The following provisions shall apply to all facilities | ||||||
14 | established after
the effective date of this amendatory Act of | ||||||
15 | 1997 in the county jurisdiction
area of any county with a | ||||||
16 | population of less than 180,000
that has not adopted an | ||||||
17 | ordinance to exercise the powers granted in Division
5-12 or | ||||||
18 | Division 5-13 :
| ||||||
19 | (1) A facility is permitted if its supporting structure | ||||||
20 | is a qualifying
structure or if both of the following | ||||||
21 | conditions are met:
| ||||||
22 | (A) the height of the facility shall not exceed 200 | ||||||
23 | feet, except that
if a facility is located more than | ||||||
24 | one and one-half miles from the corporate
limits of any | ||||||
25 | municipality with a population of 25,000 or more the | ||||||
26 | height of
the facility shall not exceed 350 feet; and
| ||||||
27 | (B) the horizontal separation distance to the | ||||||
28 | nearest principal
residential building shall not be | ||||||
29 | less than the height of the supporting
structure; | ||||||
30 | except that if the supporting structure exceeds 99 feet | ||||||
31 | in height,
the horizontal separation distance to the | ||||||
32 | nearest principal residential
building shall be at | ||||||
33 | least 100 feet or 80% of the height of the supporting
| ||||||
34 | structure, whichever is greater. Compliance with this | ||||||
35 | paragraph shall only be
evaluated as of
the time that a | ||||||
36 | building permit application for the facility is |
| |||||||
|
|||||||
1 | submitted. If
the supporting structure is not an | ||||||
2 | antenna tower this paragraph is satisfied.
| ||||||
3 | (2) Unless a facility is permitted under paragraph (1) | ||||||
4 | of this subsection
(g), a facility can be established only | ||||||
5 | after the county board gives its
approval following | ||||||
6 | consideration of the provisions of paragraph (3) of this
| ||||||
7 | subsection (g). The county board may give its approval | ||||||
8 | after one public
hearing on the proposal, but only by the | ||||||
9 | favorable vote of a majority of the
members present
at a | ||||||
10 | meeting held no later than 75 days after submission of a
| ||||||
11 | complete application by the telecommunications carrier. If | ||||||
12 | the county board
fails to act on the application within 75 | ||||||
13 | days after its submission,
the application shall be deemed | ||||||
14 | to have been approved. No more than one public
hearing | ||||||
15 | shall be required.
| ||||||
16 | (3) For purposes of paragraph (2) of this subsection | ||||||
17 | (g), the following
siting considerations, but no other | ||||||
18 | matter, shall be considered by the county
board or any | ||||||
19 | other body conducting the public hearing:
| ||||||
20 | (A) the criteria in subsection (d) of this Section;
| ||||||
21 | (B) whether a substantial adverse effect on public | ||||||
22 | safety will result
from some aspect of the facility's | ||||||
23 | design or proposed construction, but only if
that | ||||||
24 | aspect of design or construction is modifiable by the | ||||||
25 | applicant;
| ||||||
26 | (C) the benefits to be derived by the users of the | ||||||
27 | services to be
provided
or enhanced by the facility and | ||||||
28 | whether public safety and emergency response
| ||||||
29 | capabilities would benefit by the establishment of the | ||||||
30 | facility;
| ||||||
31 | (D) the existing uses on adjacent and nearby | ||||||
32 | properties; and
| ||||||
33 | (E) the extent to which the design of the proposed
| ||||||
34 | facility reflects
compliance with subsection (e) of | ||||||
35 | this Section.
| ||||||
36 | (4) On judicial review of an adverse decision, the |
| |||||||
|
|||||||
1 | issue shall be the
reasonableness of the county board's | ||||||
2 | decision in light of the evidence
presented on the siting | ||||||
3 | considerations and the well-reasoned recommendations
of | ||||||
4 | any other body that conducts the public hearing.
| ||||||
5 | (h) The following provisions shall apply to all facilities | ||||||
6 | established
after the effective date of this amendatory Act of | ||||||
7 | 1997 in the county
jurisdiction area of any county with
a | ||||||
8 | population of 180,000 or more
that has not adopted an ordinance | ||||||
9 | to exercise the powers granted in Division
5-12 or Division | ||||||
10 | 5-13 . A facility is
permitted in any zoning district subject to | ||||||
11 | the following:
| ||||||
12 | (1) A facility shall not be located on a lot under | ||||||
13 | paragraph (4) of
subsection (d) unless a variation is | ||||||
14 | granted by the county board under
paragraph
(4) of this | ||||||
15 | subsection (h).
| ||||||
16 | (2) Unless a height variation is granted by the county | ||||||
17 | board, the height
of a facility shall not exceed 75 feet if | ||||||
18 | the facility will
be located in a residential zoning | ||||||
19 | district or 200 feet if the facility will be
located in a | ||||||
20 | non-residential zoning district. However, the height of a
| ||||||
21 | facility may
exceed the height limit in this paragraph, and | ||||||
22 | no height variation shall be
required, if the supporting | ||||||
23 | structure is a qualifying structure.
| ||||||
24 | (3) The improvements and equipment of the facility | ||||||
25 | shall be placed to
comply
with the requirements of this | ||||||
26 | paragraph at the time a building permit
application for the | ||||||
27 | facility is submitted. If the supporting structure is an
| ||||||
28 | antenna tower other than a qualifying structure then (i) if | ||||||
29 | the facility will
be located in a residential zoning | ||||||
30 | district the lot line set back distance to
the
nearest | ||||||
31 | residentially zoned lot shall be at least 50% of the height | ||||||
32 | of the
facility's supporting structure or (ii) if the | ||||||
33 | facility will be located in a
non-residential zoning | ||||||
34 | district the horizontal separation distance to the
nearest | ||||||
35 | principal residential building shall be at least equal to | ||||||
36 | the height of
the facility's supporting structure.
|
| |||||||
|
|||||||
1 | (4) The county board may grant variations for any of | ||||||
2 | the regulations,
conditions, and restrictions of this | ||||||
3 | subsection (h), after one public hearing
on the
proposed | ||||||
4 | variations, by a favorable vote of a majority of the | ||||||
5 | members present
at a meeting held no later than 75 days | ||||||
6 | after submission of an application by
the | ||||||
7 | telecommunications carrier. If the county board fails to | ||||||
8 | act on the
application within 75 days after submission, the | ||||||
9 | application shall be deemed to
have been approved. In its | ||||||
10 | consideration of an application for variations,
the county
| ||||||
11 | board, and any other body conducting the public hearing, | ||||||
12 | shall consider the
following, and no other matters:
| ||||||
13 | (A) whether, but for the granting of a variation, | ||||||
14 | the service that the
telecommunications carrier seeks | ||||||
15 | to enhance or provide with the proposed
facility will | ||||||
16 | be less available, impaired, or diminished in quality, | ||||||
17 | quantity,
or scope of
coverage;
| ||||||
18 | (B) whether the conditions upon which the | ||||||
19 | application for variations is
based are unique in some | ||||||
20 | respect or, if not, whether the strict application of
| ||||||
21 | the regulations would result in a hardship on the | ||||||
22 | telecommunications carrier;
| ||||||
23 | (C) whether a substantial adverse effect on public | ||||||
24 | safety will result
from
some aspect of the facility's | ||||||
25 | design or proposed construction, but only if that
| ||||||
26 | aspect of design or construction is modifiable by the | ||||||
27 | applicant;
| ||||||
28 | (D) whether there are benefits to be derived by the | ||||||
29 | users of the
services to
be provided or enhanced by the | ||||||
30 | facility and whether public safety and emergency
| ||||||
31 | response capabilities would benefit by the | ||||||
32 | establishment of the facility; and
| ||||||
33 | (E) the extent to which the design of the proposed
| ||||||
34 | facility reflects
compliance with subsection (e) of | ||||||
35 | this Section.
| ||||||
36 | No more than one public hearing shall be required.
|
| |||||||
|
|||||||
1 | (5) On judicial review of an adverse decision, the | ||||||
2 | issue shall be the
reasonableness of the county board's | ||||||
3 | decision in light of the evidence
presented and the | ||||||
4 | well-reasoned recommendations of any other body that
| ||||||
5 | conducted the public hearing. | ||||||
6 | (i) The county board or board of county commissioners of | ||||||
7 | any county is authorized to require a telecommunications | ||||||
8 | carrier to notify all owners of property within a designated | ||||||
9 | radius of the proposed facility lot of the proposed location of | ||||||
10 | the facility. The notice must include a copy of the building | ||||||
11 | permit application, the name of the telecommunications | ||||||
12 | carrier, the owner of record of the proposed facility lot, the | ||||||
13 | location of the proposed facility lot, the dates of all | ||||||
14 | meetings at which the application will be considered, and the | ||||||
15 | procedure for obtaining more information about the proposal.
| ||||||
16 | (j) The county board or board of county commissioners of | ||||||
17 | any county is authorized to require a telecommunications | ||||||
18 | carrier to include any of the following with a building permit | ||||||
19 | application: (i) evidence that the proposed facility lot is | ||||||
20 | sufficient to support the proposed facility, (ii) evidence that | ||||||
21 | the proposed facility lot is accessible for inspections and | ||||||
22 | maintenance by the telecommunications carrier, (iii) evidence | ||||||
23 | that the proposed facility's emissions will fall within the | ||||||
24 | guidelines of the Federal Commerce Commission, (iv) a schedule | ||||||
25 | for regular inspection of the facilities by the | ||||||
26 | telecommunications carrier and for the provision of inspection | ||||||
27 | reports by the telecommunications carrier to the county board, | ||||||
28 | (v) a copy of any environmental assessment that the | ||||||
29 | telecommunications carrier is required to provide to the | ||||||
30 | federal government, (vi) evidence that the proposed facility | ||||||
31 | lot is not of historical or architectural significance, and | ||||||
32 | (vii) any other information concerning the telecommunications | ||||||
33 | carrier's efforts to address health or aesthetic concerns.
| ||||||
34 | (Source: P.A. 90-522, eff. 1-1-98.)
| ||||||
35 | Section 99. Effective date. This Act takes effect upon |
| |||||||
|
|||||||
1 | becoming law.
|