Illinois General Assembly - Full Text of SB0257
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Full Text of SB0257  95th General Assembly

SB0257 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0257

 

Introduced 2/7/2007, by Sen. J. Bradley Burzynski

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12001.1

    Amends the Counties Code. Provides that a county may not regulate the location of the facilities of a telecommunications carrier if the carrier is adding to an existing structure. Effective immediately.


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A BILL FOR

 

SB0257 LRB095 10661 HLH 30892 b

1     AN ACT concerning local government.
 
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 Section
5 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 and to regulate,
9 pursuant to subsections (a) through (g), AM broadcast towers
10 and facilities.
11     (a) Notwithstanding any other Section in this Division, the
12 county board or board of county commissioners of any county
13 shall have the power to regulate the location of the
14 facilities, as defined in subsection (c), of a
15 telecommunications carrier or AM broadcast station established
16 outside the corporate limits of cities, villages, and
17 incorporated towns that have municipal zoning ordinances in
18 effect; however, it may not regulate the location of the
19 facilities of a telecommunications carrier if the
20 telecommunications carrier is adding to an existing structure.
21 The power shall only be exercised to the extent and in the
22 manner set forth in this Section.
23     (b) The provisions of this Section shall not abridge any

 

 

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1 rights created by or authority confirmed in the federal
2 Telecommunications Act of 1996, P.L. 104-104.
3     (c) As used in this Section, unless the context otherwise
4 requires:
5         (1) "county jurisdiction area" means those portions of
6     a county that lie outside the corporate limits of cities,
7     villages, and incorporated towns that have municipal
8     zoning ordinances in effect;
9         (2) "county board" means the county board or board of
10     county commissioners of any county;
11         (3) "residential zoning district" means a zoning
12     district that is designated under a county zoning ordinance
13     and is zoned predominantly for residential uses;
14         (4) "non-residential zoning district" means the county
15     jurisdiction area of a county, except for those portions
16     within a residential zoning district;
17         (5) "residentially zoned lot" means a zoning lot in a
18     residential zoning district;
19         (6) "non-residentially zoned lot" means a zoning lot in
20     a non-residential zoning district;
21         (7) "telecommunications carrier" means a
22     telecommunications carrier as defined in the Public
23     Utilities Act as of January 1, 1997;
24         (8) "facility" means that part of the signal
25     distribution system used or operated by a
26     telecommunications carrier or AM broadcast station under a

 

 

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1     license from the FCC consisting of a combination of
2     improvements and equipment including (i) one or more
3     antennas, (ii) a supporting structure and the hardware by
4     which antennas are attached; (iii) equipment housing; and
5     (iv) ancillary equipment such as signal transmission
6     cables and miscellaneous hardware;
7         (9) "FAA" means the Federal Aviation Administration of
8     the United States Department of Transportation;
9         (10) "FCC" means the Federal Communications
10     Commission;
11         (11) "antenna" means an antenna device by which radio
12     signals are transmitted, received, or both;
13         (12) "supporting structure" means a structure, whether
14     an antenna tower or another type of structure, that
15     supports one or more antennas as part of a facility;
16         (13) "qualifying structure" means a supporting
17     structure that is (i) an existing structure, if the height
18     of the facility, including the structure, is not more than
19     15 feet higher than the structure just before the facility
20     is installed, or (ii) a substantially similar,
21     substantially same-location replacement of an existing
22     structure, if the height of the facility, including the
23     replacement structure, is not more than 15 feet higher than
24     the height of the existing structure just before the
25     facility is installed;
26         (14) "equipment housing" means a combination of one or

 

 

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1     more equipment buildings or enclosures housing equipment
2     that operates in conjunction with the antennas of a
3     facility, and the equipment itself;
4         (15) "height" of a facility means the total height of
5     the facility's supporting structure and any antennas that
6     will extend above the top of the supporting structure;
7     however, if the supporting structure's foundation extends
8     more than 3 feet above the uppermost ground level along the
9     perimeter of the foundation, then each full foot in excess
10     of 3 feet shall be counted as an additional foot of
11     facility height. The height of a facility's supporting
12     structure is to be measured from the highest point of the
13     supporting structure's foundation;
14         (16) "facility lot" means the zoning lot on which a
15     facility is or will be located;
16         (17) "principal residential building" has its common
17     meaning but shall not include any building under the same
18     ownership as the land of the facility lot. "Principal
19     residential building" shall not include any structure that
20     is not designed for human habitation;
21         (18) "horizontal separation distance" means the
22     distance measured from the center of the base of the
23     facility's supporting structure to the point where the
24     ground meets a vertical wall of a principal residential
25     building;
26         (19) "lot line set back distance" means the distance

 

 

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1     measured from the center of the base of the facility's
2     supporting structure to the nearest point on the common lot
3     line between the facility lot and the nearest residentially
4     zoned lot. If there is no common lot line, the measurement
5     shall be made to the nearest point on the lot line of the
6     nearest residentially zoned lot without deducting the
7     width of any intervening right of way; and
8         (20) "AM broadcast station" means a facility and one or
9     more towers for the purpose of transmitting communication
10     in the 540 kHz to 1700 kHz band for public reception
11     authorized by the FCC.
12     (d) In choosing a location for a facility, a
13 telecommunications carrier or AM broadcast station shall
14 consider the following:
15         (1) A non-residentially zoned lot is the most desirable
16     location.
17         (2) A residentially zoned lot that is not used for
18     residential purposes is the second most desirable
19     location.
20         (3) A residentially zoned lot that is 2 acres or more
21     in size and is used for residential purposes is the third
22     most desirable location.
23         (4) A residentially zoned lot that is less than 2 acres
24     in size and is used for residential purposes is the least
25     desirable location.
26     The size of a lot shall be the lot's gross area in square

 

 

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1 feet without deduction of any unbuildable or unusable land, any
2 roadway, or any other easement.
3     (e) In designing a facility, a telecommunications carrier
4 or AM broadcast station shall consider the following
5 guidelines:
6         (1) No building or tower that is part of a facility
7     should encroach onto any recorded easement prohibiting the
8     encroachment unless the grantees of the easement have given
9     their approval.
10         (2) Lighting should be installed for security and
11     safety purposes only. Except with respect to lighting
12     required by the FCC or FAA, all lighting should be shielded
13     so that no glare extends substantially beyond the
14     boundaries of a facility.
15         (3) No facility should encroach onto an existing septic
16     field.
17         (4) Any facility located in a special flood hazard area
18     or wetland should meet the legal requirements for those
19     lands.
20         (5) Existing trees more than 3 inches in diameter
21     should be preserved if reasonably feasible during
22     construction. If any tree more than 3 inches in diameter is
23     removed during construction a tree 3 inches or more in
24     diameter of the same or a similar species shall be planted
25     as a replacement if reasonably feasible. Tree diameter
26     shall be measured at a point 3 feet above ground level.

 

 

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1         (6) If any elevation of a facility faces an existing,
2     adjoining residential use within a residential zoning
3     district, low maintenance landscaping should be provided
4     on or near the facility lot to provide at least partial
5     screening of the facility. The quantity and type of that
6     landscaping should be in accordance with any county
7     landscaping regulations of general applicability, except
8     that paragraph (5) of this subsection (e) shall control
9     over any tree-related regulations imposing a greater
10     burden.
11         (7) Fencing should be installed around a facility. The
12     height and materials of the fencing should be in accordance
13     with any county fence regulations of general
14     applicability.
15         (8) Any building that is part of a facility located
16     adjacent to a residentially zoned lot should be designed
17     with exterior materials and colors that are reasonably
18     compatible with the residential character of the area.
19     (f) The following provisions shall apply to all facilities
20 established in any county jurisdiction area (i) after the
21 effective date of the amendatory Act of 1997 with respect to
22 telecommunications carriers and (ii) after the effective date
23 of this amendatory Act of the 94th General Assembly with
24 respect to AM broadcast stations:
25         (1) Except as provided in this Section, no yard or set
26     back regulations shall apply to or be required for a

 

 

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1     facility.
2         (2) A facility may be located on the same zoning lot as
3     one or more other structures or uses without violating any
4     ordinance or regulation that prohibits or limits multiple
5     structures, buildings, or uses on a zoning lot.
6         (3) No minimum lot area, width, or depth shall be
7     required for a facility, and unless the facility is to be
8     manned on a regular, daily basis, no off-street parking
9     spaces shall be required for a facility. If the facility is
10     to be manned on a regular, daily basis, one off-street
11     parking space shall be provided for each employee regularly
12     at the facility. No loading facilities are required.
13         (4) No portion of a facility's supporting structure or
14     equipment housing shall be less than 15 feet from the front
15     lot line of the facility lot or less than 10 feet from any
16     other lot line.
17         (5) No bulk regulations or lot coverage, building
18     coverage, or floor area ratio limitations shall be applied
19     to a facility or to any existing use or structure
20     coincident with the establishment of a facility. Except as
21     provided in this Section, no height limits or restrictions
22     shall apply to a facility.
23         (6) A county's review of a building permit application
24     for a facility shall be completed within 30 days. If a
25     decision of the county board is required to permit the
26     establishment of a facility, the county's review of the

 

 

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1     application shall be simultaneous with the process leading
2     to the county board's decision.
3         (7) The improvements and equipment comprising the
4     facility may be wholly or partly freestanding or wholly or
5     partly attached to, enclosed in, or installed in or on a
6     structure or structures.
7         (8) Any public hearing authorized under this Section
8     shall be conducted in a manner determined by the county
9     board. Notice of any such public hearing shall be published
10     at least 15 days before the hearing in a newspaper of
11     general circulation published in the county.
12         (9) Any decision regarding a facility by the county
13     board or a county agency or official shall be supported by
14     written findings of fact. The circuit court shall have
15     jurisdiction to review the reasonableness of any adverse
16     decision and the plaintiff shall bear the burden of proof,
17     but there shall be no presumption of the validity of the
18     decision.
19     (g) The following provisions shall apply to all facilities
20 established (i) after the effective date of this amendatory Act
21 of 1997 with respect to telecommunications carriers and (ii)
22 after the effective date of this amendatory Act of the 94th
23 General Assembly with respect to AM broadcast stations in the
24 county jurisdiction area of any county with a population of
25 less than 180,000:
26         (1) A facility is permitted if its supporting structure

 

 

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1     is a qualifying structure or if both of the following
2     conditions are met:
3             (A) the height of the facility shall not exceed 200
4         feet, except that if a facility is located more than
5         one and one-half miles from the corporate limits of any
6         municipality with a population of 25,000 or more the
7         height of the facility shall not exceed 350 feet; and
8             (B) the horizontal separation distance to the
9         nearest principal residential building shall not be
10         less than the height of the supporting structure;
11         except that if the supporting structure exceeds 99 feet
12         in height, the horizontal separation distance to the
13         nearest principal residential building shall be at
14         least 100 feet or 80% of the height of the supporting
15         structure, whichever is greater. Compliance with this
16         paragraph shall only be evaluated as of the time that a
17         building permit application for the facility is
18         submitted. If the supporting structure is not an
19         antenna tower this paragraph is satisfied.
20         (2) Unless a facility is permitted under paragraph (1)
21     of this subsection (g), a facility can be established only
22     after the county board gives its approval following
23     consideration of the provisions of paragraph (3) of this
24     subsection (g). The county board may give its approval
25     after one public hearing on the proposal, but only by the
26     favorable vote of a majority of the members present at a

 

 

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1     meeting held no later than 75 days after submission of a
2     complete application by the telecommunications carrier. If
3     the county board fails to act on the application within 75
4     days after its submission, the application shall be deemed
5     to have been approved. No more than one public hearing
6     shall be required.
7         (3) For purposes of paragraph (2) of this subsection
8     (g), the following siting considerations, but no other
9     matter, shall be considered by the county board or any
10     other body conducting the public hearing:
11             (A) the criteria in subsection (d) of this Section;
12             (B) whether a substantial adverse effect on public
13         safety will result from some aspect of the facility's
14         design or proposed construction, but only if that
15         aspect of design or construction is modifiable by the
16         applicant;
17             (C) the benefits to be derived by the users of the
18         services to be provided or enhanced by the facility and
19         whether public safety and emergency response
20         capabilities would benefit by the establishment of the
21         facility;
22             (D) the existing uses on adjacent and nearby
23         properties; and
24             (E) the extent to which the design of the proposed
25         facility reflects compliance with subsection (e) of
26         this Section.

 

 

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1         (4) 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 on the siting
4     considerations and the well-reasoned recommendations of
5     any other body that conducts the public hearing.
6     (h) The following provisions shall apply to all facilities
7 established after the effective date of this amendatory Act of
8 1997 in the county jurisdiction area of any county with a
9 population of 180,000 or more. A facility is permitted in any
10 zoning district subject to the following:
11         (1) A facility shall not be located on a lot under
12     paragraph (4) of subsection (d) unless a variation is
13     granted by the county board under paragraph (4) of this
14     subsection (h).
15         (2) Unless a height variation is granted by the county
16     board, the height of a facility shall not exceed 75 feet if
17     the facility will be located in a residential zoning
18     district or 200 feet if the facility will be located in a
19     non-residential zoning district. However, the height of a
20     facility may exceed the height limit in this paragraph, and
21     no height variation shall be required, if the supporting
22     structure is a qualifying structure.
23         (3) The improvements and equipment of the facility
24     shall be placed to comply with the requirements of this
25     paragraph at the time a building permit application for the
26     facility is submitted. If the supporting structure is an

 

 

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1     antenna tower other than a qualifying structure then (i) if
2     the facility will be located in a residential zoning
3     district the lot line set back distance to the nearest
4     residentially zoned lot shall be at least 50% of the height
5     of the facility's supporting structure or (ii) if the
6     facility will be located in a non-residential zoning
7     district the horizontal separation distance to the nearest
8     principal residential building shall be at least equal to
9     the height of the facility's supporting structure.
10         (4) The county board may grant variations for any of
11     the regulations, conditions, and restrictions of this
12     subsection (h), after one public hearing on the proposed
13     variations, by a favorable vote of a majority of the
14     members present at a meeting held no later than 75 days
15     after submission of an application by the
16     telecommunications carrier. If the county board fails to
17     act on the application within 75 days after submission, the
18     application shall be deemed to have been approved. In its
19     consideration of an application for variations, the county
20     board, and any other body conducting the public hearing,
21     shall consider the following, and no other matters:
22             (A) whether, but for the granting of a variation,
23         the service that the telecommunications carrier seeks
24         to enhance or provide with the proposed facility will
25         be less available, impaired, or diminished in quality,
26         quantity, or scope of coverage;

 

 

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1             (B) whether the conditions upon which the
2         application for variations is based are unique in some
3         respect or, if not, whether the strict application of
4         the regulations would result in a hardship on the
5         telecommunications carrier;
6             (C) whether a substantial adverse effect on public
7         safety will result from some aspect of the facility's
8         design or proposed construction, but only if that
9         aspect of design or construction is modifiable by the
10         applicant;
11             (D) whether there are benefits to be derived by the
12         users of the services to be provided or enhanced by the
13         facility and whether public safety and emergency
14         response capabilities would benefit by the
15         establishment of the facility; and
16             (E) the extent to which the design of the proposed
17         facility reflects compliance with subsection (e) of
18         this Section.
19     No more than one public hearing shall be required.
20         (5) On judicial review of an adverse decision, the
21     issue shall be the reasonableness of the county board's
22     decision in light of the evidence presented and the
23     well-reasoned recommendations of any other body that
24     conducted the public hearing.
25 (Source: P.A. 94-728, eff. 4-6-06.)
 
26     Section 99. Effective date. This Act takes effect upon

 

 

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1 becoming law.