2018-29 Adding City Code Chapter 41.2 Small Wireless Facilities

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3) The installation, placement, maintenance, operation or replacement of micro wireless facilities suspended on cables that are strung between existing utility poles in compliance with applicable safety codes. 4) Wireless providers shall secure a permit from the City to work within rights-of-way for activities that affect traffic patterns or require lane closures. 6. EXCEPTIONS TO APPLICABILITY. Nothing in this Ordinance authorizes a person to collocate small wireless facilities on: A. Property owned by a private party or property owned or controlled by the City or another unit of local government that is not located within the rights-of-way, or a privately-owned utility pole or wireless support structure without the consent of the property owner; B. Property owned, leased, or controlled by a park district, forest preserve district, or conservation district for public park, recreation or conservation purposes without the consent of the affected district that are under the jurisdiction and control of a different unit of local government as provided by the Illinois Highway Code; or C. Property owned by a rail carrier registered under Section 18c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or any other public commuter rail service, or an electric utility as defined in Section 16-102 of the Public Utilities Act, without the consent of the rail carrier,public commuter rail service, or electric utility. The provisions of this Ordinance do not apply to an electric or gas public utility or such utility's wireless facilities if the facilities are being used,developed and maintained consistent with the provisions of subsection (i) of Section 16-108.5 of the Public Utilities Act. For the purpose of this subsection, "public utility" has the meaning given to that term in Section 3-105 of the Public Utilities Act. Nothing in this Ordinance shall be construed to relieve any person from any requirement (a) to obtain a franchise or State-issued authorization to offer cable service or video service or(b)to obtain any required permission to install, place, maintain, or operate communications facilities, other than small wireless facilities subject to this Ordinance. 7. PRE-EXISTING AGREEMENTS. Existing agreements between the City and the wireless providers that relate to collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on City utility poles, that are in effect on June 1, 2018, remain in effect for all small wireless facilities collocated on the City's utility poles pursuant to applications submitted to the City before June 1, 2018, subject to 12