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| Public Act 098-0197 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by adding Section | ||||
5-12001.2 as follows: | ||||
(55 ILCS 5/5-12001.2 new) | ||||
Sec. 5-12001.2. Regulation of telecommunications | ||||
facilities; Lake County pilot project. | ||||
In addition to any other requirements under this Division | ||||
concerning the regulation of telecommunications facilities, | ||||
the following applies to any new telecommunications facilities | ||||
in Lake County that are not AM telecommunications towers or | ||||
facilities: | ||||
(a) For every new wireless telecommunications facility | ||||
requiring a new tower structure, a telecommunications carrier | ||||
shall provide the county with documentation consisting of the | ||||
proposed location, a site plan, and an elevation that | ||||
sufficiently describes a proposed wireless facility location. | ||||
(b) The county shall have 7 days to review the facility | ||||
proposal and contact the telecommunications carrier in writing | ||||
via e-mail or other written means as specified by the | ||||
telecommunications carrier. This written communication shall | ||||
either approve the proposed location or request a meeting to | ||||
review other possible alternative locations. If requested, the | ||
meeting shall take place within 7 days after the date of the | ||
written communication. | ||
(c) At the meeting, the telecommunications carrier shall | ||
provide the county documentation consisting of radio frequency | ||
engineering criteria and a corresponding telecommunications | ||
facility search ring map, together with documentation of the | ||
carrier's efforts to site the proposed facility within the | ||
telecommunications facility search ring. | ||
(d) Within 21 days after receipt of the carrier's | ||
documentation, the county shall propose either an alternative | ||
site within the telecommunications facility search ring, or an | ||
alternative site outside of the telecommunications search ring | ||
that meets the radio frequency engineering criteria provided by | ||
the telecommunications carrier and that will not materially | ||
increase the construction budget beyond what was estimated on | ||
the original carrier proposed site. | ||
(e) If the county's proposed alternative site meets the | ||
radio frequency engineering criteria provided by the | ||
telecommunications carrier, and will not materially increase | ||
the construction budget beyond what was estimated on the | ||
original carrier proposed site, then the telecommunications | ||
carrier shall agree to build the facility at the alternative | ||
location, subject to the negotiation of a lease with | ||
commercially reasonable terms and the obtainment of the | ||
customary building permits. | ||
(f) If the telecommunications carrier can demonstrate | ||
that: (i) the county's proposed alternative site does not meet | ||
the radio frequency engineering criteria, (ii) the county's | ||
proposed alternative site will materially increase the | ||
construction budget beyond what was estimated on the original | ||
carrier proposed site, (iii) the county has failed to provide | ||
an alternate site, or (iv) after a period of 90 days after | ||
receipt of the alternative site the telecommunications carrier | ||
has failed, after acting in good faith and with due diligence, | ||
to obtain a lease or at a minimum, a letter of intent to lease | ||
the alternative site at lease rates not materially greater than | ||
the lease rate for the original proposed site; then the carrier | ||
can proceed to permit and construct the site under the | ||
provisions and standards of Section 5-12001.1 of this Code.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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