HomeMy WebLinkAboutOrdinances - MC-18-1176 - 07/10/2018 - Small Wireless Facilitiesy ®unty
ORDINANCE NUMBER MC-18-1176
An Ordinance amending various sections of the Municipal Code Chapter "21"
"Streets and Sidewalks" and providing for the Regulation of and Application for
Small Wireless Facilities in the City of McHenry
ADOPTED BY THE
CITY COUNCIL
OF THE
CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Published in pamphlet form by authority of the City Council of the City of
McHenry, McHenry County, Illinois this a z day , 2018
ORDINANCE NO. � j,., f%.-
An Ordinance Providing for the Regulation of and
Application for Small Wireless Facilities in the City of McHenry
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage
of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in
the Constitution of the State of Illinois.
WHEREAS, the Illinois General Assemblyhas recently enacted Public Act 100-0585, known
as the Small Wireless Facilities Deployment Act (the "Act"), which became effective on June 1,
2018;
WHEREAS, the City is authorized, under existing State and federal law, to enact appropriate
regulations and restrictions relative to small wireless facilities, distributed antenna systems and other
personal wireless telecommunication facility installations in the public right-of-way as long as it does
not conflict with State and federal law;
WHEREAS, the Act sets forth the requirements for the collocation of small wireless facilities
by local authorities; and
WHEREAS, the City Council desires to amend the provisions of the McHenry City Code
regarding streets and sidewalks.
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: Section 21-92, Permit Required; Application and Fees, paragraph D,
Supplemental Application Requirements for Specific Types of Utilities, shall be amended to add the
following:
7. With regard to installation of Small Cell Antennas or Towers to be attached to new or
existing utility poles or structures, the provisions of Section 21-92 of the City Code shall also
apply and, in the event of any conflict with the provisions of this Section 21-92, the
provisions in Section 21-106A shall control.
SECTION 2: Under Section 21403, Location of Facilities, paragraphs I and J are repealed in
their entirety.
SECTION 3: A new Section 21-106A shall be added to read, Small Cell Ordinance, in the
form and substance attached hereto as Exhibit A.
SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
Cell Phone Towers, Page 1
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and
continue in full force and effect.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 6: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Voting Aye: tik��,� w c. ;N�n
Voting Nay:` "`'e der
Absent:. Qv AN e
Abstain: �Jf
ATTEST:
Cv��ar O\cio_ �h 1 M;1�evCr, Sin and
APPROVED:
Mayor JOV ayr� J
Deputy City Clerk Debra Meadows
Passed: I G. �CJ i
Approved: (�, ;�� r�r��,y I e'i
Z:\M\McHenryCityof\Ordinances\CellPhoneTowers. doc
Cell Phone Towers, Page 2
CERTIFICATION
I, DEBRA MEADOWS, do hereby certify that I am the duly appointed, acting and qualified
Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of
the records and minutes and proceedings of the Mayor and City Council of said City of McHenry.
I do hereby further certify that at a regular meeting of the Mayor and City Council of the City
of McHenry, held on the ' J r day of 1 r i ; 2018, the
Foregoing Ordinance entitled An Ordinance Providingyor the Regulation of and Application for
Small Wireless Facilities in the City of McHenry, was duly passed by the City Council of the City
of McHenry.
The pamphlet form of Ordinance No. (y� r � � ,'S- uT including the Ordinance and a cover
sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing
on the _ day of c) 4 2018, and will continue for at least 10 days thereafter.
Copies of such Ordinance are als6 available for public inspection upon request in the office of the
City Clerk.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Deputy City Clerk of said City for safekeeping, and that I am the lawful
custodian and keeper of the same.
14
-h
GNEN under my hand and seal this �� day of ��` �/ 2018.
Debra Meadows, Deputy City Clerk
City of McHenry,
McHenry County, Illinois
(SEAL)