HomeMy WebLinkAboutPLAN COMMISSION - 05/14/2018 - Small Wireless Facility RegulationsElk Grove Village
Plan Commission Minutes
May 14, 2018
Present: J. Morrill
S. Carlson
F. Geinosky
G. Schumm
P. Ayers
K. Weiner
T. Thompson
P. Rettberg
Absent: J. Glass
Staff: M. Jablonski, Assistant Village Manager
Acting Chairman Geinosky called the meeting to order at 7:00,p.m.
Commissioner Ayers moved to appoint Fred Geinosky as Acting Chairman of the Plan
Commission. Commissioner Carlson seconded the motion. Upon voting (Ayers, Carlson,
Geinosky, Rettberg, Schumm, Thompson, Weiner, Morrill, AYES), the motion passed
unanimously.
Item 1: April 2, 2018 Meeting Minutes
Commissioner Rettberg moved to approve the minutes of the April 2, 2018 meeting minutes.
Commissioner Thompson seconded the motion. Upon voting (Ayers, Carlson, Geinosky,
Rettberg, Schumm, Thompson, Weiner, AYES, Morrill, ABSTAIN), the motion passed.
Item 2: Proposed Small Wireless Facility Regulations
Acting Chairman Geinosky explained that the Plan Commission received a new proposed
chapter amending the Village Code, which was prepared by Village Staff, and asked M.
Jablonski to explain the purpose of the meeting.
M. Jablonski stated that the State recently approved legislation that limits the ability of local
governments to regulate the installation and maintenance of the equipment for small cellular
antennas. She stated that the new State Legislation was intended to facilitate the implementation
of a 5G network, and gives cellular communications companies the ability to place micro cell
sites on existing poles in the right-of-way, including poles owned by municipalities, as well as to
install their own poles up to 45 feet in height wherever needed, with very few restrictions. M.
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Jablonski stated that currently, the Village's Antenna Siting Policy requires a Special Use Permit
for the installation of small cellular antennas, but this will no longer be possible once the new
State legislation goes into effect on June 1, 2018.
M. Jablonski explained that Village Staff worked with a consultant to adapt model legislation
prepared by the Illinois Municipal League. The proposed regulations meet the requirements of
State Legislation and add certain design and procedural requirements permitted by State
Legislation. M. Jablonski stated that any antenna in a residential zoning district would still
require a special use, and that antennas in commercial and office districts would have design
requirements to try and limit the visual impact.
Commissioner Morrill stated that the proposed regulations made sense. He stated that 5G is the
next generation of cellular technology and this allows providers to essentially put wireless hubs
on street lights. Commissioner Morrill asked if AT&T was doing something similar with internet
service.
M. Jablonski stated that AT&T has a statewide franchise agreement, and she was unaware of
their current plans.
Commissioner Rettberg stated that some boxes had been installed near his home.
Commissioner Morrill asked if antennas would be permitted on homes as well, as he thought
eventually they would likely be needed on all homes.
M. Jablonski stated that for now any installation in a residential area would require a Special Use
Permit, as currently it was expected companies would want to go to the maximum permitted
height of 45 feet with no obstructions, which would be out of character in many neighborhoods.
Commissioner Schumm stated that would be a lot of poles in the community.
M. Jablonski stated that it was hard to predict how the technology would develop, but that while
it wouldn't be possible to prohibit installations completely, the Special Use process would ensure
as many protections as possible.
Commissioner Weiner asked about how the Village would be protected for damage to Village -
owned poles, and the maintenance requirements.
M. Jablonski stated that installations on Village -owned equipment would also require a license
agreement which would cover those issues and stated she would mention the issues for the
Village Attorney to look into.
Commissioner Weiner noted there was a provision in the regulations prohibiting interference
with 911 service, and asked if there was anything that would prohibit them from boosting off the
signal of a competitor.
M. Jablonski stated that this would likely be an FCC regulation, and that the Village wouldn't be
equipped to enforce any such requirement.
Commissioner Geinosky asked about whether there were provisions for abandonment when 6G
comes along.
M. Jablonski stated that there are requirements for removal of abandoned equipment included in
the proposed regulations.
Commissioner Rettberg noted that there was no definition for the term unacceptable interference,
and that it was a little broad.
Commissioner Weiner noted that the provision about unacceptable interference wasn't included
in all sections of the ordinance and should be consistent.
M. Jablonski stated that she was unsure if the term was defined in the state legislation and would
look into adding a definition to clarify and ensuring the clause was included in all sections of the
ordinance.
Commissioner Rettberg noted that there were no minimum amounts listed in regard to the
required insurance and noted that this could invalidate the purpose of the insurance requirements.
He added that the indemnification clause can be easily challenged from a legal standpoint and
could embroil the Village in an expensive lawsuit if someone is injured as a result of
installations. Commissioner Rettberg stated that the insurance clauses should require that a
certificate of insurance which lists the Village as an additional insured.
M. Jablonski stated that she could not speak to those matters and would request that the Village
Attorney review these issues.
Commissioner Ayers noted that this could be addressed as part of a license agreement with the
Village and may not need to be included in the ordinance.
Commissioner Geinosky asked if other communities had adopted this ordinance.
M. Jablonski stated that Vernon Hills had already adopted a similar ordinance, and noted that the
Village's proposed ordinance was adapted from a model created by the Illinois Municipal
League.
Commissioner Rettberg noted that not all companies installing equipment would be large
corporations and it was important that the Village be protected by sufficient coverage
Commissioner Weiner stated that the standards of insurance should be the same regardless of
company size.
M. Jablonski stated that the regulations would apply equally to all providers.
RECOMMENDATION
Commissioner Schumm moved to recommend approval of the proposed Small Cell Regulations,
subject to the following:
1. Define "unacceptable interference" with public safety communications.
2. Add additional language to insurance requirements to require naming the Village as an
additional insured and specific policy limit requirements.
Commissioner Weiner seconded the motion. Upon voting (Ayers, Carlson, Geinosky, Morrill,
Rettberg, Schumm, Thompson, Weiner AYES) the motion carried unanimously.
The meeting adjourned at 7:36 p.m.
Respectfully submitted,
Maggie Jablonski
Assistant Village Manager
C: Chairman and Members of the Plan Commission, Mayor and Board of Trustees, Village
Clerk
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