Governor Bruce Rauner signed Senate Bill 1451 (Public Act 100-0585), the Small Wireless Facilities Deployment Act. This Act provides the regulations and process for permitting and deploying small cell wireless facilities throughout Illinois. The Act went into effect June 1, 2018. Municipalities have two months from the effective date of June 1, 2018, to either adopt fees through an ordinance or provide a fee schedule, pursuant to the Act. On July 16, 2018, the Aledo City Council adopted an Ordinance amending Title 8 of the City Code of Aledo, Illinois providing for aesthetic requirements for utility facilities on city property, and amended Title 10 of the City Code of Aledo, Illinois to add Chapter 22 providing for the regulation of and application for small wireless facilities.
Small wireless facilities are critical to delivering wireless access to advanced technology, broadband, and 9-1-1 services to homes, businesses, and schools in Illinois. The two ordinances amend the City Code and provides for the aesthetic requirements of these devices on utility poles, streetlight poles, and other structures located in the right-of-way. The ordinance also regulates the siting, design, and construction of these devices on utility poles, streetlight poles, and other structures in right-of-way. This ordinance also requires the applicant to obtain a permit that requires the following:
- site specific application for structural integrity provided by a structural engineer
- proposed location for each proposed small wireless facility
- specifications and drawings prepared by a structural engineer
- equipment price and model numbers for all antennae
- proposed scheduled for installation
- consent of owner of proposed location
A permit will not be required for routine maintenance or replacement of a wireless facility of the same size or smaller. However, an annual reoccurring rate of $200 for the small wireless facility will be imposed. The ordinance also imposes an application fee of $650, or, in the case of a consolidated application for installation of more than one small wireless facility on existing poles, the fee will be $350 per small wireless facility. If the installation requires a new utility pole, then the application fee is increased to $1,000.