The purpose and intent of this chapter is to establish a comprehensive set of regulations and standards for the permitting, placement, design, installation, operation and maintenance of wireless telecommunications facilities in all areas within the City. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. These regulations are intended to protect the health, safety and welfare of persons living and working in the City, preserve the aesthetic values of the City, and allow for the orderly, managed and efficient deployment of wireless telecommunications facilities in accordance with state and federal laws, rules and regulations.

(Ord. #2018-610, § 1)

"Agent" means a person authorized to act on behalf of a permittee or other person or entity in matters pertaining to the processing of a wireless telecommunications facility as outlined in this chapter.

"Amateur radio antenna" means an antenna constructed and operated for transmitting and receiving radio signals for noncommercial purposes, usually in relation to a person's hobby.

"Antenna" means that part of a wireless telecommunications facility designed to radiate or receive radio frequency signals.

"Applicant" means any person that submits an application to the City to site, install, construct, modify, and/or operate a wireless telecommunications facility.

"Base station" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(1), as may be amended, which defines that term as follows:

A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.40001(b)(9) or any equipment associated with a tower.

(1)

The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(2)

The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

(3)

The term includes any structure other than a tower that, at the time the relevant application is filed with the City under this section, supports or houses equipment described in paragraphs (1) and (2) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

(4)

The term does not include any structure that, at the time the relevant application is filed with the City under this section, does not support or house equipment described in paragraphs (1) and (2) of this section.

"Cable" means any wire typically consisting of copper, coax or fiber used for utility service purposes.

"Camouflaged" or "camouflaging" means concealment techniques that integrate the transmission equipment into the surrounding natural and/or built environment such that the average, untrained observer cannot directly view the equipment but would likely recognize the existence of the wireless facility or concealment technique. Camouflaging concealment techniques include, but are not limited to: (1) façade or rooftop mounted pop-out screen boxes; (2) antennas mounted within a radome above a wooden utility pole, streetlight; (3) equipment cabinets in the public rights-of-way painted or wrapped to match the background; and (4) an isolated or standalone faux-tree.

"Code" means the City of Villa Park Municipal Code.

"Collocation" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

"Collocation facility" means a wireless telecommunications facility that has been collocated consistent with the meaning of "collocation" as defined above. It does not include the initial installation of a new wireless telecommunications facility where previously there was none, nor the construction of an additional tower on a site with an existing tower.

"CPCN" means a "Certificate of Public Convenience and Necessity" granted by the CPUC.

"CPUC" means the California Public Utilities Commission.

"Director" means the Planning Director, or his or her designee.

"Eligible facilities request" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(3), as may be amended, which defines that term as a request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (a) collocation of new transmission equipment, (b) removal of transmission equipment, or (c) replacement of transmission equipment.

"Eligible support structure" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended, which defines that term as any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the City.

"Existing" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(5), as may be amended, states a constructed tower or base station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

"Federal Communications Commission (FCC)" means the independent U.S. governmental agency charged with regulating interstate and international communications by radio, television, wire, satellite and cable.

"Height" means the vertical distance from any point at the top of an antenna and/or ancillary wireless telecommunications structure to the finished or natural surface, whichever is more restrictive or lower, measured directly adjacent to the existing building or new structure.

"Modification" means a change to an existing wireless telecommunications facility that involves any of the following: Collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, exterior material, or equipment model.

"OTARD" means any over-the-air reception device subject to 47 C.F.R. § 1.4000 et seq., as may be amended, and which includes satellite television dishes not greater than one (1) meter in diameter.

"Pole" means a single shaft of wood, steel, concrete or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by the provisions of this Code.

"Public right-of-way" means any public highway, street, alley, sidewalk, parkway which is either owned, operated or controlled by the City, or is subject to an easement or dedication to the city, or is a privately owned area with the City's jurisdiction which is not yet, but is designated as a proposed public right-of-way on a tentative subdivision map approved by the City.

"RF" means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz.

"Site" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(6), as may be amended, which defines that term as for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

"Small cell" means the same as defined by California Government Code § 65964.2, as may be amended, which defines that term as a wireless telecommunications facility or a wireless facility that uses licensed or unlicensed spectrum and that meets the following qualifications:

(1)

The small cell antennas on the structure, excluding the associated equipment, total no more than six (6) cubic feet in volume, whether an array or separate.

(2)

Any individual piece of associated equipment on pole structures does not exceed nine (9) cubic feet.

(3)

The cumulative total of associated equipment on pole structures does not exceed twenty-one (21) cubic feet.

(4)

The cumulative total of any ground-mounted equipment along with the associated equipment on any pole or nonpole structure does not exceed thirty-five (35) cubic feet.

(5)

The following types of associated ancillary equipment are not included in the calculation of equipment volume:

(I)

Electric meters and any required pedestal.

(II)

Concealment elements.

(III)

Any telecommunications demarcation box.

(IV)

Grounding equipment.

(V)

Power transfer switch.

(VI)

Cutoff switch.

(VII)

Vertical cable runs for the connection of power and other services.

(VIII)

Equipment concealed within an existing building or structure.

"Small cell" includes a micro wireless facility.

"Small cell" does not include the following:

(1)

Wireline backhaul facility, which is defined to mean a facility used for the transport of communications data by wire from wireless facilities to a network.

(2)

Coaxial or fiber optic cables that are not immediately adjacent to or directly associated with a particular antenna or collocation.

(3)

The underlying vertical infrastructure.

"Stealth" means concealment techniques that completely screen all transmission equipment from public view and integrate the transmission equipment with the surrounding natural and/or built environment such that, given the particular context, the average, untrained observer does not recognize the existence of the wireless telecommunications facility or concealment technique. These facilities are so integrated and well-hidden that the average, untrained observer would need special knowledge to recognize their existence. Stealth concealment techniques include, but are not limited to: (1) transmission equipment placed completely within existing architectural features such that the installation causes no visible change to the underlying structure and (2) new architectural features that mimic the underlying building in architectural style, physical proportion and quality of construction materials. Architectural features commonly used as stealth concealment include, but are not limited to, church steeples, cupolas, bell towers, clock towers, pitched faux-roofs, water tanks and flagpoles. Further, whether a wireless facility qualifies as a stealth facility depends on the context that exists at a given location and is evaluated on a case-by-case basis.

"Substantial change" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(7), as may be amended, which states a modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

(1)

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten (10) percent or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater;

(A)

Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012, the date that Congress passed Section 6409(a) of the Middle Class Tax Relief and Job Creation Act (aka the Spectrum Act).

(2)

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

(3)

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;

(4)

It entails any excavation or deployment outside the current site;

(5)

It would defeat the concealment elements of the eligible support structure as determined by the City; or

(6)

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in (1) through (4) in this definition.

"Transmission equipment" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

"Tower" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, freestanding mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support wireless telecommunications facility antennas.

"Utility pole" means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.

"Vertical infrastructure" means all poles or similar facilities in the public rights-of way meant for, or used in whole or in part for, communications services, electrical service, lighting, traffic control or similar functions.

"Wireless telecommunications facility" means equipment installed for the purpose of providing wireless transmission of voice, data, images, or other information including, but not limited to, cellular telephone service, personal communications services, and paging services, consisting of equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems. It includes, but is not limited to, antennas and/or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, equipment cabinets, pedestals, meters, tunnels, vaults, splice boxes, surface location markers, related transmission equipment, equipment buildings, parking areas, and other accessory development.

(Ord. #2018-610, § 1)

(a)

This chapter applies to the design, siting, construction, or modification of any and all wireless telecommunications facilities as follows:

(1)

All facilities for which applications were not approved prior to December 19, 2017 shall be subject to and comply with all provisions of this chapter.

(2)

All facilities for which applications were approved by the City prior to December 19, 2017 shall not be required to obtain a new or amended permit until such time as a provision of this code so requires. Any wireless telecommunications facility that was lawfully constructed prior to December 19, 2017 that does not comply with the standards, regulations, and/or requirements of this division shall be deemed a nonconforming use and shall also be subject to the provisions of Section 23-18.1.

(3)

All facilities for which applications have been previously approved, but are now or hereafter: (a) expanded or (b) modified by the installation of additional antennas, larger antennas or more powerful antennas, or (c) when one or more bands of service are activated shall comply with this chapter.

(b)

All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this chapter governing the operation and maintenance (Section 23-28.9), cessation of use and abandonment (Section 23-28.11), and removal and restoration (Section 23-28.12) of wireless telecommunications facilities; provided, however, that in the event a condition of approval conflicts with a provision of this division, the condition of approval shall control until the permit is amended, expired, or revoked.

(c)

This chapter does not apply to the following:

(1)

Facilities owned and operated by the City for its use;

(2)

Amateur radio facilities;

(3)

Over the Air Reception Devices ("OTARD") antennas;

(4)

Wireless facilities installed completely indoors and intended to extend signals for personal wireless services in a personal residence or a business (such as femtocell or indoor distributed antenna system);

(5)

Wireless facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D.

(6)

Any entity legally entitled to an exemption pursuant to state or federal law or governing franchise agreement.

(d)

Relationship to Other Chapters. This chapter shall supersede all conflicting requirements of other titles and chapters of this Code regarding the locating and permitting of wireless telecommunications facilities.

(Ord. #2018-610, § 1)

(a)

Wireless Telecommunications Facility Conditional Use Permit. All wireless telecommunications facilities are subject to the granting of a conditional use permit. Wireless Telecommunications Facility Conditional Use Permits are subject to City Council approval unless otherwise provided for in this chapter.

(b)

Administrative Wireless Telecommunications Facility Permit. An Administrative Wireless Telecommunications Facility Permit, subject to the Director's approval, may be issued for new facilities or collocations or modifications to existing facilities that meet the following criteria:

(1)

The facility is a small cell located within the public right-of-way.

(2)

The facility qualifies as an eligible facilities request as defined in this chapter.

(c)

In the event that the Director determines that any application submitted for an Administrative Wireless Telecommunications Facility Permit does not meet the criteria of this Code, the Director shall convert the application to a Wireless Telecommunications Facility Conditional Use Permit application and refer it to the City Council. Additional submittal materials may be required.

(d)

Other Permits Required. In addition to any permit that may be required under this chapter, the applicant must obtain all other required prior permits or other approvals from other City departments, or state or federal agencies. Any permit granted under this chapter is subject to the conditions and/or requirements of other required prior permits or other approvals from other City departments, state or federal agencies.

(e)

Procedures for a Duly Filed Application. Any application for a Wireless Telecommunications Facility will not be considered duly filed unless submitted in accordance with the procedures in this Section 23-28.4.

(1)

Pre-Submittal Conference. Before application submittal, the applicant must schedule and attend a pre-submittal conference with the Director for all proposed projects on new support structures in the public rights-of-way. Pre-submittal conferences for all other proposed projects are encouraged but not required. The pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process, any latent issues in connection with the proposed or existing wireless tower or base station, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other City departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to provide draft applications or other materials so that City staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The Director shall use reasonable efforts to provide the applicant with an appointment within five (5) working days after the Director receives a written request and any applicable fee or deposit to reimburse the city for its reasonable costs to provide the services rendered in the pre-submittal conference.

(2)

Appointment Required. All applications for a wireless telecommunications facility shall be submitted to the city at a pre-scheduled appointment with the Director. Applicants may submit one (1) application per appointment, but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. Any application received without an appointment or a pre-submittal conference, whether delivered in-person, by mail or through any other means, will not be considered duly filed.

(f)

Applications Deemed Withdrawn. To promote efficient review and timely decisions, any application governed under this chapter will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the Director within ninety (90) calendar days after the Director deems the application incomplete in a written notice to the applicant. The Director may, in the Director's discretion, grant a written extension for up to an additional thirty (30) calendar days when the applicant submits a written request prior to the ninetieth (90th) day that shows good cause to grant the extension. Delays due to circumstances outside the applicant's reasonable control will be considered good cause to grant the extension.

(g)

Application Requirements. All applicants for a wireless telecommunications facility shall submit all the content, information, materials and fees required by the Director for the application. The City Council authorizes the Director to develop, publish and from time-to-time update or amend permit application forms, checklists, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this Section. The City Council further authorizes the Director to establish other reasonable rules and regulations, which may include regular hours for appointments with applicants, as the Director deems necessary or appropriate to organize, document and manage the application intake process. All such permit application forms, checklists, informational handouts, rules and regulations must be in written form and made available on the City's website and/or in-person at the Planning Department to provide applicants with prior notice.

(Ord. #2018-610, § 1)

(a)

Required Findings for Approval. The approval authority may approve or conditionally approve any application for a Wireless Telecommunications Facility Conditional Use Permit or Administrative Wireless Telecommunications Facility Permit when the approval authority finds that:

(1)

The proposed wireless telecommunications facility will not be detrimental to persons or property in the immediate vicinity and will not adversely affect the City in general.

(2)

The proposed wireless telecommunications facility has been designed to achieve compatibility with the community to the maximum extent reasonably feasible.

(3)

The location of the wireless telecommunications facility on alternative sites will not increase community compatibility or is not reasonably feasible.

(4)

The proposed wireless telecommunications facility is necessary to close a significant gap in coverage, increase network capacity, or maintain service quality, and is the least intrusive means of doing so.

(b)

Limited Exception. The city recognizes that federal law prohibits a permit denial when it would effectively prohibit the provision of personal wireless services and the applicant proposes the least intrusive means to provide such services. In the event that an applicant asserts that strict compliance with any provision in this chapter, as applied to a specific proposed wireless telecommunications facility, would effectively prohibit the provision of personal wireless services, the approval authority may grant a limited, one-time exception from strict compliance subject to the provisions in this chapter. The approval authority shall not grant any exception unless the applicant demonstrates all of the following with clear and convincing evidence:

(1)

The proposed wireless facility qualifies as a "personal wireless services facility" as defined by the United States Code, Title 47, section 332(C)(7)(C)(ii), as may be amended or superseded;

(2)

The applicant has provided the City with a reasonable and clearly defined technical service objective to be achieved by the proposed wireless telecommunications facility;

(3)

The applicant has provided the City with a written statement that contains a detailed and fact-specific explanation as to why the proposed wireless telecommunications facility cannot be deployed in compliance with the applicable provisions in this chapter;

(4)

The applicant has provided the city with a meaningful comparative analysis with the factual reasons why all alternative location(s) and/or design(s) identified by the City or otherwise identified in the administrative record, including but not limited to potential alternatives identified at any public meeting or hearing, are not technically feasible or potentially available to reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed wireless telecommunications facility; and

(5)

The applicant has demonstrated to the City that the proposed location and design is the least non-compliant configuration that will reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed wireless telecommunications facility, which includes without limitation a meaningful comparative analysis into multiple smaller or less intrusive wireless telecommunications facilities dispersed throughout the intended service area.

(c)

Independent Consultant for Limited Exceptions. The City shall have the right to hire, at the applicant's expense, an independent consultant to evaluate issues raised by the exception and to submit recommendations and evidence in response to the application.

(Ord. #2018-610, § 1)

The City desires to promote cleanly organized and streamlined facilities using the smallest and least intrusive means available to provide wireless services to the community. All wireless telecommunications facilities located outside the public rights-of-way must comply with all applicable provisions in this section. In the event that any other law, regulation or code requires any more restrictive design and/or construction requirements, the most restrictive requirement will control.

(a)

Preferred Locations. All applicants must, to the extent feasible, propose new wireless telecommunications facilities in locations according to the following preferences, ordered from most preferred to least preferred:

(1)

Commercial zones;

(2)

Public facilities zones;

(3)

Single-family zones.

No new facility may be placed in a less appropriate area unless the applicant demonstrates that no more appropriate location can feasibly serve the area the facility is intended to serve, provided that the City may authorize a facility to be established in a less appropriate location if doing so is necessary to prevent substantial aesthetic impacts.

(b)

Preferred Support Structures. In addition to the preferred locations described in Section 23-28.6, the City also expresses its preference for installations on certain support structures. The approval authority will take into account whether a more preferred support structure is technically feasible and potentially available. The City's preferred support structures are as follows, ordered from most preferred to least preferred:

(1)

Collocation on an existing non-tower structure;

(2)

Collocation on an existing tower;

(3)

New installations on existing buildings, utility structures, and other non-tower structures;

(4)

New freestanding towers.

(Ord. #2018-610, § 1)

The City desires to promote cleanly organized and streamlined facilities using the smallest and least intrusive means available to provide wireless telecommunications services to the community. All wireless telecommunications facilities in the public rights-of-way must comply with all applicable provisions in this chapter. In the event that any other law, regulation or code requires any more restrictive design and/or construction requirements, the most restrictive requirement will control.

(a)

Preferred Facility Location. All applicants must, to the extent feasible, propose new wireless telecommunications facilities in locations according to the following preferences, ordered from most preferred to least preferred:

(1)

Within or abutting a commercial zone not requiring any modifications to the existing location of any infrastructure or landscaping;

(2)

Within or abutting a commercial zone requiring only minor alterations to the existing infrastructure or landscaping (including planter size);

(3)

Within or abutting a public facilities zone;

(4)

Abutting sensitive uses, such as historical sites, schools, daycare facilities, playgrounds, etc.

(5)

Within or abutting residential zones.

No new facility may be placed in a less appropriate location unless the applicant demonstrates that no more appropriate location can feasibly serve the area the facility is intended to serve, provided that the City may authorize a facility to be established in a less appropriate location if doing so is necessary to prevent substantial aesthetic impacts.

(b)

Preferred Antenna Location. All applicants must, to the extent feasible, propose antennas in locations according to the following preferences, ordered from most preferred to least preferred:

(1)

On an existing utility pole;

(2)

On an existing street light.

No new antennas may be placed in a less appropriate location unless the applicant demonstrates that no more appropriate location can feasibly serve the area the antennas are intended to serve, provided that the City may authorize antennas to be established in a less appropriate location if doing so is necessary to prevent substantial aesthetic impacts.

(c)

Preferred Equipment Location. All applicants must, to the extent feasible, propose equipment in locations according to the following preferences, ordered from most preferred to least preferred:

(1)

Within a below-grade equipment vault, vault must be flush with grade;

(2)

Mounted on the subject vertical infrastructure;

(3)

In an existing ground-mounted (grade-level) equipment cabinet or enclosure, with no expansion or additional cabinets to be added;

(4)

Within a new equipment cabinet or enclosure mounted at grade. An exception shall be required to place a new equipment cabinet or enclosure mounted at grade.

No new equipment may be placed in a less appropriate location unless the applicant demonstrates that no more appropriate equipment location can feasibly serve the facility, provided that the City may authorize equipment to be established in a less appropriate location if doing so is necessary to prevent substantial aesthetic impacts.

(d)

Exception Required. Wireless telecommunications facilities are strongly disfavored in certain areas. Therefore, the following locations are permitted only when an exception has been granted pursuant to Section 23-28.5.

(1)

Within center medians;

(2)

Mounted on traffic signals;

(3)

Mounted on new vertical infrastructure that is not replacing existing vertical infrastructure;

(4)

New equipment cabinet or enclosure mounted at grade.

(e)

No Interference with Public Rights-of-Way. In no case shall any part of a wireless telecommunications facility alter vehicular circulation or parking within the public rights-of-way, nor shall it impede vehicular and/or pedestrian access or visibility along any public right-of-way. No permittee shall locate or maintain wireless telecommunications facilities to unreasonably interfere with the use of city property or the public rights-of-way by the City, by the general public or by other persons authorized to use or be present in or upon the public rights-of-way. Unreasonable interference includes disruption to vehicular, bicycle, or pedestrian traffic on city property or the public rights-of-way, interference with public utilities, and any such other activities that will present a hazard to public health, safety or welfare when alternative methods of construction would result in less disruption. All such facilities shall be moved by the permittee, at the permittee's cost, temporarily or permanently, as determined by the City Engineer or the Planning Director.

(Ord. #2018-610, § 1)

All wireless telecommunications facilities shall be designed, located and maintained to minimize visual, aesthetic, noise, and other impacts on the surrounding community. They shall be planned, designed, located, and erected in accordance with the following:

(a)

General Guidelines.

(1)

No new wireless telecommunications facility may be located in areas where collocation on existing facilities would provide equivalent coverage, new capacity, and service quality with less environmental or aesthetic impact.

(2)

The overall development footprint of a wireless telecommunications facility shall be as small as technically feasible.

(3)

There may be no net loss of required parking or landscaping when siting a wireless telecommunications facility.

(4)

The applicant shall employ screening, undergrounding, and stealth design techniques in the design and placement of a wireless telecommunications facility in order to minimize its visual intrusiveness and negative aesthetic impact.

(5)

Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility's visual impact, as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style and quality.

(6)

All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area and structures.

(b)

Design Guidelines. The City shall promulgate additional detailed Design Guidelines for the design and installation of wireless telecommunications facilities, which the City shall consider in reviewing an application. The Design Guidelines will accord with this chapter but will provide greater detail, description, and examples of acceptable wireless facilities. In addition, the Design Guidelines shall provide administrative and procedural guidance to applicants such as a list of minimum application requirements. The provisions in this section shall not limit or prohibit the city's discretion to promulgate and make publicly available other information, materials, or requirements in addition to, and separate from, the Design Guidelines.

(c)

The Design Guidelines Shall be Reviewed and Approved by the City Council Before Being Finalized. The Director shall have authority to update or supplement the Design Guidelines to address relevant changes in law, technology, or administrative processes. Any revisions to the Design Guidelines that would materially modify the physical design requirements for wireless telecommunications facilities to make them more obtrusive or materially modify the standards and locations for wireless telecommunications facilities shall be presented to the City Council for review and approval. In the event of any conflict between the Design Guidelines and the standards articulated in this chapter of the Villa Park Municipal Code, the language of this chapter takes precedence over the language of the Design Guidelines.

(d)

Speculative Equipment Prohibited. The City finds that the practice of "pre-approving" wireless equipment or other improvements that the applicant does not presently intend to install but may wish to install at some undetermined future time does not serve the public's best interest. The City shall not approve any equipment or other improvements in connection with a wireless telecommunications facility permit when the applicant does not actually and presently intend to install such equipment or construct such improvements.

(Ord. #2018-610, § 1)

All wireless telecommunications facilities must comply at all times with the following operation and maintenance standards.

(a)

Repairs. Unless otherwise provided herein, all necessary repairs and restoration shall be completed by the permittee, owner, operator or any designated maintenance agent within forty-eight (48) hours:

(1)

After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or

(2)

After permittee, owner, operator or any designated maintenance agent receives notification from the City.

(b)

Contact Information. Each permittee of a wireless telecommunications facility shall provide the City with the name, title, direct phone number, mailing address, email address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility ("contact information"). Contact information shall be updated within seven (7) days of any change.

(c)

Good Condition. All facilities, including, but not limited to, telecommunications towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:

(1)

General dirt and grease;

(2)

Chipped, faded, peeling, and cracked paint;

(3)

Rust and corrosion;

(4)

Cracks, dents, and discoloration;

(5)

Missing, discolored or damaged artificial foliage or other camouflage;

(6)

Graffiti, bills, stickers, advertisements, litter and debris;

(7)

Broken and misshapen structural parts; and

(8)

Any damage from any cause.

(d)

Landscaping. All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in good condition at all times. The permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping within five (5) calendar days after written notice from the City. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the Director.

(e)

Replacement. The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.

(f)

Routine Inspections. Each facility shall be operated and maintained to comply with all conditions of approval. Each owner or operator of a facility shall routinely inspect each site to ensure compliance with the same and the standards set forth in this chapter.

(Ord. #2018-610, § 1)

(a)

Unless California Government Code § 65964(b), as may be amended, authorizes the City to issue a permit with a shorter term, a permit for any wireless telecommunications facility shall be valid for a period of ten (10) years, unless pursuant to another provision of this Code it lapses sooner or is revoked. At the end of ten (10) years from the date of issuance, such permit shall automatically expire.

(b)

The City's approval of an Administrative Wireless Telecommunications Permit constitutes a federally-mandated modification to the underlying permit or approval of the tower or base station. The City's approval of an Administrative Wireless Telecommunications Permit will not extend the permit term for any underlying permit or other regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

(c)

A permittee may apply for a new permit within one hundred eighty (180) days prior to expiration. Said application and proposal shall comply with the City's current code requirements for wireless telecommunications facilities.

(Ord. #2018-610, § 1)

(a)

A wireless telecommunications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for ninety (90) or more consecutive days unless the permittee has obtained prior written approval from the city which shall not be unreasonably denied.

(b)

The operator of a facility shall notify the city of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) sixty (60) days prior to the final day of use. Said notification shall be in writing, shall specify the date of termination and shall include reference to the applicable permit number.

(Ord. #2018-610, § 1)

(a)

Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner or operator shall remove its wireless telecommunications facility and restore the site to the condition that existed prior to the installation of the wireless telecommunications facility, or collocated portion thereof, except for retaining landscaping improvements or any other improvements at the discretion of the City. Removal shall be in accordance with applicable health and safety requirements and all ordinances, rules, and regulations of the City. The facility shall be removed from the property, at no cost or expense to the City.

(b)

Failure of the permittee, owner or operator to promptly remove its facility and restore the property within six (6) months after expiration, earlier termination or revocation of the permit, or abandonment of the facility, shall be a violation of this Code. Upon a showing of good cause, an extension may be granted by the City where circumstances are beyond the control of the permittee after expiration.

(c)

Summary Removal. In the event the City determines that the condition or placement of a wireless telecommunications facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action, the city may cause the facility to be removed summarily and immediately without advance notice or hearing. Written notice of the removal shall include the basis for the removal and shall be served upon the permittee and person who owns the facility within five (5) business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within sixty (60) days, the facility shall be treated as abandoned property.

(d)

Removal of Facilities by City. In the event the City removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the City for any damage to such facility that may result from reasonable efforts of removal. Unless otherwise provided herein, the City has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the City destroys any facility not timely removed by the permittee, owner or operator after notice, or removed by the City due to exigent circumstances.

(Ord. #2018-610, § 1)

The City may add or modify conditions of approval as necessary or appropriate to protect and promote the public health, safety, and welfare. All facilities approved under this chapter shall be subject to the following conditions:

(a)

Permit Term. This permit will automatically expire ten (10) years and one (1) day from its issuance, except when California Government Code § 65964(b), as may be amended or superseded in the future, authorizes the City to establish a shorter term for public safety or substantial land use reasons. Any other permits or approvals issued pursuant to Section 6409(a) in connection with any collocation, modification or other change to this wireless facility, which includes without limitation any permits or other approvals deemed-granted under federal law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. Upon a written application from the applicant, the approval authority shall renew this permit for an additional ten-year term if the facility is in compliance with all local, state and federal laws at the time the permit expires.

(b)

Build-Out Period. This permit will automatically expire one (1) year from the approval or deemed-granted date unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless telecommunications facility, which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, the wireless telecommunications facility or its use. The Director may grant one (1) written extension to a date certain when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least thirty (30) days prior to the automatic expiration date in this condition.

(c)

Compliance with Approved Plans. Before the permittee submits any applications to the Building Department, the permittee must incorporate this permit, all conditions associated with this permit and the approved photo simulations into the project plans (the "approved plans"). The permittee must construct, install and operate the wireless facility in substantial compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless telecommunications facility, are subject to the Director's prior review and approval, who may refer the request to the original approval authority if the Director finds that the requested alteration, modification or other change substantially deviates from the approved plans or implicates a significant or substantial land use concern.

(d)

Post-Installation Final Inspection. The permittee shall obtain a final inspection by the Director to ensure the facility is built in accordance with the approved plans. If the facility is not constructed as conditioned, the Director reserves the right to withhold finalizing the Building Permit until the facility is modified to comply with all plans and conditions.

(e)

Maintenance Obligations; Vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved plans and all conditions in this permit. Any concealment elements shall be kept in "like new" condition at all times. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within forty-eight (48) hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. The permittee and property owner shall maintain any and all landscape features in accordance with an approved landscape plan, if any, and shall replace dying or dead trees, foliage or other landscape elements shown on the approved plans within five (5) calendar days after written notice from the City.

(f)

Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law ("laws") applicable to the permittee, the subject property, the wireless telecommunications facility or any use or activities in connection with the use authorized in this permit, which includes without limitation any laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all Laws. In the event that the City fails to timely notice, prompt or enforce compliance with any applicable provision in the California Building Code, Villa Park Municipal Code, Fire Code, any permit, any permit condition, or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in any such permit, permit condition or any applicable law or regulation.

(g)

Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities at the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction hours in accordance with Villa Park Municipal Code Sections. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Director or the Director's designee may issue a stop work order for any activity that violates this condition.

(h)

Backup Power; Generators. After obtaining all necessary permits, the permittee may operate backup power generators only during: (1) commercial power outages, or (2) for maintenance purposes during normal construction hours in accordance with Villa Park Municipal Code Section 6-6.5(a)—(d). The Director may approve a temporary power source and/or generator in connection with initial construction or major repairs.

(i)

Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff or other designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee, or at any time during an emergency. The City's officers, officials, staff or other designee may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons; provided, however, that even in such emergency circumstances, the City shall use reasonable efforts to notify the permittee prior to such entry to the extent practicable under the circumstances. The permittee, if present, may observe the City's officers, officials, staff or other designee while any such inspection or emergency access occurs.

(j)

Permittee's Contact Information. The permittee shall provide the City with the name, title, direct phone number, mailing address, email address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility. Contact information shall be updated within seven (7) days of any change.

(k)

Indemnification. The applicant, permittee, operator of a facility, and property owner (when applicable) agrees to defend, indemnify and hold harmless the City of Villa Park, its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul an approval of the City or any of its councils, commissions, committees or boards arising from or in any way related to the wireless telecommunications facility, or any actions or operations conducted pursuant thereto. Should the City, its agents, officers or employees receive notice of any such claim, action or proceeding, the City shall promptly notify the applicant, permittee, operator of a facility, and property owner of such claim, action or proceeding, and shall cooperate fully in the defense thereof.

(l)

Transfer of Use. The Planning Department shall be notified in writing of any transfer or lease of the wireless telecommunications facility. The permittee shall promptly provide a copy of the permit to the transferee or lessee and shall insure that lessee or other user(s) understands and agrees to comply with the terms and conditions of this permit.

(m)

Removal of Discontinued Use. In the event that the use of a wireless telecommunications facility is discontinued, the permittee shall provide written notice to the Director of its intent to discontinue use sixty (60) days prior to the final day of use. The permittee shall promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premises to its pre-facility condition so as to be in conformance with all applicable zoning codes at the permittee's expense. All such removal, repair and restoration shall be completed within six (6) months after the use is discontinued, and shall be performed in accordance with all applicable health and safety code requirements.

Additional conditions for wireless telecommunications facilities within the rights-of-way:

(n)

Taxes and Assessments. To the extent taxes or other assessments are imposed by taxing authorities on the use of City property as a result of an applicant's use or occupation of the rights-of-way, the applicant shall be responsible for payment of such taxes, payable annually unless otherwise required by the taxing authority.

(o)

Undergrounded Utilities. In the event that other public utilities or cable television operators in the public rights-of-way where the permittee's wireless facility is located underground their facilities, the permittee must underground its equipment except the antennas and antenna supports. Such undergrounding shall occur at the permittee's sole cost and expense except as reimbursed pursuant to law.

(p)

Electric Meter Removal. In the event that the commercial electric utility provider adopts or changes its rules obviating the need for a separate electric meter and enclosure, the permittee on its own initiative and at its sole cost and expense shall apply to the City for permission to remove the separate electric meter and enclosure and restore the affected area to its original condition.

(q)

Existing Infrastructure Restoration.

(1)

Upon installation of the new work, the contractor shall restore the street and/or alley pavement as required in full and complete compliance with the approved Encroachment Permit and Wireless Telecommunications Facility Permit for use of the public right-of-way, and to the satisfaction of the City Engineer.

(2)

Upon installation of the new work, the contractor shall restore all concrete walks, driveway aprons, and "collector strips" as required in full and complete compliance to the satisfaction of the City Engineer.

(3)

Upon installation of the new work, the contractor shall restore all trees, landscaping, lawns and/or sod strips to the satisfaction of the City Engineer.

(Ord. #2018-610, § 1)