Rep. JoAnn D. Osmond
Filed: 3/17/2010
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4877
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4877, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The Counties Code is amended by changing | ||||||
6 | Section 5-12001.1 as follows: | ||||||
7 | (55 ILCS 5/5-12001.1) | ||||||
8 | Sec. 5-12001.1. Authority to regulate certain specified | ||||||
9 | facilities of a
telecommunications carrier and to regulate, | ||||||
10 | pursuant to subsections (a) through (g), AM broadcast towers | ||||||
11 | and facilities. | ||||||
12 | (a) Notwithstanding any other Section in this Division, the | ||||||
13 | county board or
board of county commissioners of any county | ||||||
14 | shall have the power to
regulate the location of the | ||||||
15 | facilities, as defined in subsection (c), of a
| ||||||
16 | telecommunications carrier or AM broadcast station established |
| |||||||
| |||||||
1 | outside the corporate limits of cities,
villages, and | ||||||
2 | incorporated towns that have municipal zoning ordinances in
| ||||||
3 | effect. The power shall only be exercised to the extent and in | ||||||
4 | the manner set
forth in this Section. | ||||||
5 | (b) The provisions of this Section shall not abridge any | ||||||
6 | rights created by
or authority confirmed in the federal | ||||||
7 | Telecommunications Act of 1996, P.L.
104-104. | ||||||
8 | (c) As used in this Section, unless the context otherwise | ||||||
9 | requires: | ||||||
10 | (1) "county jurisdiction area" means those portions of | ||||||
11 | a county that lie
outside the corporate limits of cities, | ||||||
12 | villages, and incorporated towns that
have municipal | ||||||
13 | zoning ordinances in effect; | ||||||
14 | (2) "county board" means the county board or board of | ||||||
15 | county commissioners
of any county; | ||||||
16 | (3) "residential zoning district" means a zoning | ||||||
17 | district that is
designated under a county zoning ordinance | ||||||
18 | and is zoned predominantly for
residential uses; | ||||||
19 | (4) "non-residential zoning district" means the county | ||||||
20 | jurisdiction area
of a county, except for those portions | ||||||
21 | within a residential zoning district; | ||||||
22 | (5) "residentially zoned lot" means a zoning lot in a | ||||||
23 | residential zoning
district; | ||||||
24 | (6) "non-residentially zoned lot" means a zoning lot in | ||||||
25 | a non-residential
zoning district; | ||||||
26 | (7) "telecommunications carrier" means a |
| |||||||
| |||||||
1 | telecommunications carrier as
defined in the Public | ||||||
2 | Utilities Act as of January 1, 1997; | ||||||
3 | (8) "facility" means that part of the signal | ||||||
4 | distribution system used or
operated by a | ||||||
5 | telecommunications carrier or AM broadcast station under a | ||||||
6 | license from the FCC
consisting of a combination of | ||||||
7 | improvements and equipment including (i) one or
more | ||||||
8 | antennas, (ii) a supporting structure and the hardware by | ||||||
9 | which antennas
are attached; (iii) equipment housing; and | ||||||
10 | (iv) ancillary equipment such as
signal transmission | ||||||
11 | cables and miscellaneous hardware; | ||||||
12 | (9) "FAA" means the Federal Aviation Administration of | ||||||
13 | the United States
Department of Transportation; | ||||||
14 | (10) "FCC" means the Federal Communications | ||||||
15 | Commission; | ||||||
16 | (11) "antenna" means an antenna device by which radio | ||||||
17 | signals are
transmitted, received, or both; | ||||||
18 | (12) "supporting structure" means a structure, whether | ||||||
19 | an antenna tower or
another type of structure, that | ||||||
20 | supports one or more antennas as part of a
facility; | ||||||
21 | (13) "qualifying structure" means a supporting | ||||||
22 | structure that is (i) an
existing structure, if the height | ||||||
23 | of the facility, including the structure, is
not more than | ||||||
24 | 15 feet higher than the structure just before the facility | ||||||
25 | is
installed, or (ii) a substantially similar, | ||||||
26 | substantially same-location
replacement of an existing |
| |||||||
| |||||||
1 | structure, if the height of the facility, including
the | ||||||
2 | replacement structure, is not more than 15 feet higher than | ||||||
3 | the height of
the existing structure just before the | ||||||
4 | facility is installed; | ||||||
5 | (14) "equipment housing" means a combination of one or | ||||||
6 | more equipment
buildings or enclosures housing equipment | ||||||
7 | that operates in conjunction with
the antennas of a | ||||||
8 | facility, and the equipment itself; | ||||||
9 | (15) "height" of a facility means the total height of | ||||||
10 | the facility's
supporting structure and any antennas that | ||||||
11 | will extend above the top of the
supporting structure; | ||||||
12 | however, if the supporting structure's foundation extends
| ||||||
13 | more than 3 feet above the uppermost ground level along the | ||||||
14 | perimeter of the
foundation, then each full foot in excess | ||||||
15 | of 3 feet shall be counted as an
additional foot of | ||||||
16 | facility height. The height of a facility's supporting
| ||||||
17 | structure is to be measured from the highest point of the | ||||||
18 | supporting
structure's foundation; | ||||||
19 | (16) "facility lot" means the zoning lot on which a | ||||||
20 | facility is or will be
located; | ||||||
21 | (17) "principal residential building" has its common | ||||||
22 | meaning but shall not
include any building under the same | ||||||
23 | ownership as the land of the facility lot.
"Principal | ||||||
24 | residential building" shall not include any structure that | ||||||
25 | is not
designed for human habitation; | ||||||
26 | (18) "horizontal separation distance" means the |
| |||||||
| |||||||
1 | distance measured from the
center of the base of the | ||||||
2 | facility's supporting structure to the point where
the | ||||||
3 | ground meets a vertical wall of a principal residential | ||||||
4 | building; | ||||||
5 | (19) "lot line set back distance" means the distance | ||||||
6 | measured from the
center of the base of the facility's | ||||||
7 | supporting structure to the nearest point
on the common lot | ||||||
8 | line between the facility lot and the nearest residentially
| ||||||
9 | zoned lot. If there is no common lot line, the measurement | ||||||
10 | shall be made to
the nearest point on the lot line of the | ||||||
11 | nearest residentially zoned lot
without deducting the | ||||||
12 | width of any intervening right of way; and | ||||||
13 | (20) "AM broadcast station" means a facility and one or | ||||||
14 | more towers for the purpose of transmitting communication | ||||||
15 | in the 540 kHz to 1700 kHz band for public reception | ||||||
16 | authorized by the FCC.
| ||||||
17 | (d) In choosing a location for a facility, a
| ||||||
18 | telecommunications carrier or AM broadcast station shall | ||||||
19 | consider the following: | ||||||
20 | (1) A non-residentially zoned lot is the most desirable | ||||||
21 | location. | ||||||
22 | (2) A residentially zoned lot that is not used for | ||||||
23 | residential purposes is
the second most desirable | ||||||
24 | location. | ||||||
25 | (3) A residentially zoned lot that is 2 acres or more | ||||||
26 | in size and is used
for residential purposes is the third |
| |||||||
| |||||||
1 | most desirable location. | ||||||
2 | (4) A residentially zoned lot that is less than 2 acres | ||||||
3 | in size and is
used for residential purposes is the least | ||||||
4 | desirable location. | ||||||
5 | The size of a lot shall be the lot's gross area in square | ||||||
6 | feet without
deduction of any unbuildable or unusable land, any | ||||||
7 | roadway, or any other
easement. | ||||||
8 | (e) In designing a facility, a telecommunications carrier | ||||||
9 | or AM broadcast station shall consider the
following | ||||||
10 | guidelines: | ||||||
11 | (1) No building or tower that is part of a facility | ||||||
12 | should encroach onto
any recorded easement prohibiting the | ||||||
13 | encroachment unless the grantees of the
easement have given | ||||||
14 | their approval. | ||||||
15 | (2) Lighting should be installed for security and | ||||||
16 | safety purposes only.
Except with respect to lighting | ||||||
17 | required by the FCC or FAA, all lighting should
be shielded | ||||||
18 | so that no glare extends substantially beyond the | ||||||
19 | boundaries of a
facility. | ||||||
20 | (3) No facility should encroach onto an existing septic | ||||||
21 | field. | ||||||
22 | (4) Any facility located in a special flood hazard area | ||||||
23 | or wetland should
meet the legal requirements for those | ||||||
24 | lands. | ||||||
25 | (5) Existing trees more than 3 inches in diameter | ||||||
26 | should be preserved if
reasonably feasible during |
| |||||||
| |||||||
1 | construction. If any tree more than 3 inches in
diameter is | ||||||
2 | removed during construction a tree 3 inches or more in | ||||||
3 | diameter of
the same or a similar species shall be planted | ||||||
4 | as a replacement if reasonably
feasible. Tree diameter | ||||||
5 | shall be measured at a point 3 feet above ground
level. | ||||||
6 | (6) If any elevation of a facility faces an existing, | ||||||
7 | adjoining
residential use within a residential zoning | ||||||
8 | district, low maintenance
landscaping should be provided | ||||||
9 | on or near the facility lot to provide at least
partial | ||||||
10 | screening of the facility. The quantity and type of that | ||||||
11 | landscaping
should be in accordance with any county | ||||||
12 | landscaping regulations of general
applicability, except | ||||||
13 | that paragraph (5) of this subsection (e) shall control
| ||||||
14 | over any tree-related regulations imposing a greater | ||||||
15 | burden. | ||||||
16 | (7) Fencing should be installed around a facility. The | ||||||
17 | height and
materials of the fencing should be in accordance | ||||||
18 | with any county fence
regulations of general | ||||||
19 | applicability. | ||||||
20 | (8) Any building that is part of a facility located | ||||||
21 | adjacent to a
residentially zoned lot should be designed | ||||||
22 | with exterior materials and colors
that are reasonably | ||||||
23 | compatible with the residential character of the area. | ||||||
24 | (f) The following provisions shall apply to all facilities | ||||||
25 | established in
any county jurisdiction area (i) after the | ||||||
26 | effective date of the amendatory Act of
1997 with respect to |
| |||||||
| |||||||
1 | telecommunications carriers and (ii) after the effective date | ||||||
2 | of this amendatory Act of the 94th General Assembly with | ||||||
3 | respect to AM broadcast stations: | ||||||
4 | (1) Except as provided in this Section, no yard or set | ||||||
5 | back
regulations shall apply to or be required for a | ||||||
6 | facility. | ||||||
7 | (2) A facility may be located on the same zoning lot as | ||||||
8 | one or more other
structures or uses without violating any | ||||||
9 | ordinance or regulation that prohibits
or limits multiple | ||||||
10 | structures, buildings, or uses on a zoning lot. | ||||||
11 | (3) No minimum lot area, width, or depth shall be | ||||||
12 | required for a facility,
and unless the facility is to be | ||||||
13 | manned on a regular, daily basis, no
off-street parking | ||||||
14 | spaces shall be required for a facility. If the facility is
| ||||||
15 | to be manned on a regular, daily basis, one off-street | ||||||
16 | parking space shall be
provided for each employee regularly | ||||||
17 | at the facility. No loading facilities
are required. | ||||||
18 | (4) No portion of a facility's supporting structure or | ||||||
19 | equipment housing
shall be less than 15 feet from the front | ||||||
20 | lot line of the facility lot or less
than 10 feet from any | ||||||
21 | other lot line. | ||||||
22 | (5) No bulk regulations or lot coverage, building | ||||||
23 | coverage, or floor area
ratio limitations shall be applied | ||||||
24 | to a facility or to any existing use or
structure | ||||||
25 | coincident with the establishment of a facility. Except as | ||||||
26 | provided
in this Section, no height limits or restrictions |
| |||||||
| |||||||
1 | shall apply to a facility. | ||||||
2 | (6) A county's review of a building permit application | ||||||
3 | for a facility
shall
be completed within 30 days. If a | ||||||
4 | decision of the county board is required to
permit the | ||||||
5 | establishment of a facility, the county's review of the | ||||||
6 | application
shall be simultaneous with the process leading | ||||||
7 | to the county board's decision. | ||||||
8 | (7) The improvements and equipment comprising the | ||||||
9 | facility may be wholly
or partly freestanding or wholly or | ||||||
10 | partly attached to, enclosed in, or
installed in or on a | ||||||
11 | structure or structures. | ||||||
12 | (8) Any public hearing authorized under this Section | ||||||
13 | shall be conducted in
a manner determined by the county | ||||||
14 | board. Notice of any such public hearing
shall be published | ||||||
15 | at least 15 days before the hearing in a newspaper of
| ||||||
16 | general circulation published in the county. Notice of any | ||||||
17 | such public hearing shall also be sent by certified mail at | ||||||
18 | least 15 days prior to the hearing to the owners of record | ||||||
19 | of all residential property that is adjacent to the lot | ||||||
20 | upon which the facility is proposed to be sited. | ||||||
21 | (9) Any decision regarding a facility by the county | ||||||
22 | board or a county
agency
or official shall be supported by | ||||||
23 | written findings of fact. The circuit court
shall have | ||||||
24 | jurisdiction to review the reasonableness of any adverse | ||||||
25 | decision
and the plaintiff shall bear the burden of proof, | ||||||
26 | but there shall be no
presumption of the validity of the |
| |||||||
| |||||||
1 | decision. | ||||||
2 | (10) Thirty days prior to the issuance of a building | ||||||
3 | permit for a facility necessitating the erection of a new | ||||||
4 | tower, the permit applicant shall provide written notice of | ||||||
5 | its intent to construct the facility to the State | ||||||
6 | Representative and the State Senator of the district in | ||||||
7 | which the subject facility is to be constructed and a | ||||||
8 | member of the county board of the county in which the | ||||||
9 | subject facility is to be constructed. This notice shall | ||||||
10 | include, but not be limited to, the following information: | ||||||
11 | (i) the name, address, and telephone number of the company | ||||||
12 | responsible for the construction of the facility; (ii) the | ||||||
13 | name, address, and telephone number of the governmental | ||||||
14 | entity authorized to issue the building permit; and (iii) | ||||||
15 | the location of the proposed facility. The applicant shall | ||||||
16 | demonstrate compliance with the notice requirements set | ||||||
17 | forth in this item (10) by submitting certified mail | ||||||
18 | receipts or equivalent mail service receipts at the same | ||||||
19 | time that the applicant submits the permit application. | ||||||
20 | (g) The following provisions shall apply to all facilities | ||||||
21 | established (i) after
the effective date of this amendatory Act | ||||||
22 | of 1997 with respect to telecommunications carriers and (ii) | ||||||
23 | after the effective date of this amendatory Act of the 94th | ||||||
24 | General Assembly with respect to AM broadcast stations in the | ||||||
25 | county jurisdiction
area of any county with a population of | ||||||
26 | less than 180,000: |
| |||||||
| |||||||
1 | (1) A facility is permitted if its supporting structure | ||||||
2 | is a qualifying
structure or if both of the following | ||||||
3 | conditions are met: | ||||||
4 | (A) the height of the facility shall not exceed 200 | ||||||
5 | feet, except that
if a facility is located more than | ||||||
6 | one and one-half miles from the corporate
limits of any | ||||||
7 | municipality with a population of 25,000 or more the | ||||||
8 | height of
the facility shall not exceed 350 feet; and | ||||||
9 | (B) the horizontal separation distance to the | ||||||
10 | nearest principal
residential building shall not be | ||||||
11 | less than the height of the supporting
structure; | ||||||
12 | except that if the supporting structure exceeds 99 feet | ||||||
13 | in height,
the horizontal separation distance to the | ||||||
14 | nearest principal residential
building shall be at | ||||||
15 | least 100 feet or 80% of the height of the supporting
| ||||||
16 | structure, whichever is greater. Compliance with this | ||||||
17 | paragraph shall only be
evaluated as of
the time that a | ||||||
18 | building permit application for the facility is | ||||||
19 | submitted. If
the supporting structure is not an | ||||||
20 | antenna tower this paragraph is satisfied. | ||||||
21 | (2) Unless a facility is permitted under paragraph (1) | ||||||
22 | of this subsection
(g), a facility can be established only | ||||||
23 | after the county board gives its
approval following | ||||||
24 | consideration of the provisions of paragraph (3) of this
| ||||||
25 | subsection (g). The county board may give its approval | ||||||
26 | after one public
hearing on the proposal, but only by the |
| |||||||
| |||||||
1 | favorable vote of a majority of the
members present
at a | ||||||
2 | meeting held no later than 75 days after submission of a
| ||||||
3 | complete application by the telecommunications carrier. If | ||||||
4 | the county board
fails to act on the application within 75 | ||||||
5 | days after its submission,
the application shall be deemed | ||||||
6 | to have been approved. No more than one public
hearing | ||||||
7 | shall be required. | ||||||
8 | (3) For purposes of paragraph (2) of this subsection | ||||||
9 | (g), the following
siting considerations, but no other | ||||||
10 | matter, shall be considered by the county
board or any | ||||||
11 | other body conducting the public hearing: | ||||||
12 | (A) the criteria in subsection (d) of this Section; | ||||||
13 | (B) whether a substantial adverse effect on public | ||||||
14 | safety will result
from some aspect of the facility's | ||||||
15 | design or proposed construction, but only if
that | ||||||
16 | aspect of design or construction is modifiable by the | ||||||
17 | applicant; | ||||||
18 | (C) the benefits to be derived by the users of the | ||||||
19 | services to be
provided
or enhanced by the facility and | ||||||
20 | whether public safety and emergency response
| ||||||
21 | capabilities would benefit by the establishment of the | ||||||
22 | facility; | ||||||
23 | (D) the existing uses on adjacent and nearby | ||||||
24 | properties; and | ||||||
25 | (E) the extent to which the design of the proposed | ||||||
26 | facility reflects
compliance with subsection (e) of |
| |||||||
| |||||||
1 | this Section. | ||||||
2 | (4) On judicial review of an adverse decision, the | ||||||
3 | issue shall be the
reasonableness of the county board's | ||||||
4 | decision in light of the evidence
presented on the siting | ||||||
5 | considerations and the well-reasoned recommendations
of | ||||||
6 | any other body that conducts the public hearing. | ||||||
7 | (h) The following provisions shall apply to all facilities | ||||||
8 | established
after the effective date of this amendatory Act of | ||||||
9 | 1997 in the county
jurisdiction area of any county with
a | ||||||
10 | population of 180,000 or more. A facility is
permitted in any | ||||||
11 | zoning district subject to 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 |
| |||||||
| |||||||
1 | facility is submitted. If the supporting structure is an
| ||||||
2 | antenna tower other than a qualifying structure then (i) if | ||||||
3 | the facility will
be located in a residential zoning | ||||||
4 | district the lot line set back distance to
the
nearest | ||||||
5 | residentially zoned lot shall be at least 50% of the height | ||||||
6 | of the
facility's supporting structure or (ii) if the | ||||||
7 | facility will be located in a
non-residential zoning | ||||||
8 | district the horizontal separation distance to the
nearest | ||||||
9 | principal residential building shall be at least equal to | ||||||
10 | the height of
the facility's supporting structure. | ||||||
11 | (4) The county board may grant variations for any of | ||||||
12 | the regulations,
conditions, and restrictions of this | ||||||
13 | subsection (h), after one public hearing
on the
proposed | ||||||
14 | variations held at a zoning or other appropriate committee | ||||||
15 | meeting with proper notice given as provided in this | ||||||
16 | Section, by a favorable vote of a majority of the members | ||||||
17 | present
at a meeting held no later than 75 days after | ||||||
18 | submission of an application by
the telecommunications | ||||||
19 | carrier. If the county board fails to act on the
| ||||||
20 | application within 75 days after submission, the | ||||||
21 | application shall be deemed to
have been approved. In its | ||||||
22 | consideration of an application for variations,
the county
| ||||||
23 | board, and any other body conducting the public hearing, | ||||||
24 | shall consider the
following, and no other matters: | ||||||
25 | (A) whether, but for the granting of a variation, | ||||||
26 | the service that the
telecommunications carrier seeks |
| |||||||
| |||||||
1 | to enhance or provide with the proposed
facility will | ||||||
2 | be less available, impaired, or diminished in quality, | ||||||
3 | quantity,
or scope of
coverage; | ||||||
4 | (B) whether the conditions upon which the | ||||||
5 | application for variations is
based are unique in some | ||||||
6 | respect or, if not, whether the strict application of
| ||||||
7 | the regulations would result in a hardship on the | ||||||
8 | telecommunications carrier; | ||||||
9 | (C) whether a substantial adverse effect on public | ||||||
10 | safety will result
from
some aspect of the facility's | ||||||
11 | design or proposed construction, but only if that
| ||||||
12 | aspect of design or construction is modifiable by the | ||||||
13 | applicant; | ||||||
14 | (D) whether there are benefits to be derived by the | ||||||
15 | users of the
services to
be provided or enhanced by the | ||||||
16 | facility and whether public safety and emergency
| ||||||
17 | response capabilities would benefit by the | ||||||
18 | establishment of the facility; and | ||||||
19 | (E) the extent to which the design of the proposed | ||||||
20 | facility reflects
compliance with subsection (e) of | ||||||
21 | this Section. | ||||||
22 | No more than one public hearing shall be required. | ||||||
23 | (5) On judicial review of an adverse decision, the | ||||||
24 | issue shall be the
reasonableness of the county board's | ||||||
25 | decision in light of the evidence
presented and the | ||||||
26 | well-reasoned recommendations of any other body that
|
| |||||||
| |||||||
1 | conducted the public hearing. | ||||||
2 | (Source: P.A. 95-815, eff. 8-13-08; 96-696, eff. 1-1-10.)
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
|