Editor's Note: The title of the Plan and Zone Commission was updated to "Plan, Zoning and Development Commission" throughout this chapter pursuant to Ord. No. 2018-67.
[Ord. 2000-26, 12-4-2000, § 1]
This article shall be known as the "Village of Elmwood Park Cable Communications Ordinance."
[Ord. 2000-26, 12-4-2000, § 1]
This article may be cited as the "Elmwood Park Cable Television Ordinance."
[Ord. 2000-26, 12-4-2000, § 1]
The purposes of this article are:
(a) 
To establish franchise procedures and standards which encourage the growth and development of cable systems within the Village of Elmwood Park and which assure that cable systems are responsive to the needs and interests of the local community;
(b) 
To assure that the Village can continue to fairly and responsibly protect the public health, safety and welfare;
(c) 
To establish a local policy concerning cable communications;
(d) 
To promote competition in cable television service;
(e) 
To establish local authority with respect to the regulation of cable systems to ensure that any cable operator will abide by all local ordinances, rules and regulations;
(f) 
To provide for the development of cable communications as a means of communication for and between the citizens and the public institutions of the Village of Elmwood Park;
(g) 
To provide for the payment of franchise fees to the Village for the use of the Village streets and public ways in the construction and operation of a cable communications system, and to compensate the Village, to the extent permitted by law, for costs both directly related and incidental to the awarding of the cable television franchise;
(h) 
To provide for remedies and to prescribe penalties for violations of this article and for any and all franchise agreements granted hereunder;
(i) 
To provide for consumer protection in regard to the construction and operation of a cable system;
(j) 
To provide for the regulation, where allowed, of rates and fees charged by a franchisee under this article; and
(k) 
To ensure that cable television subscribers receive high quality cable communications service.
[Ord. 2000-26, 12-4-2000, § 1; Ord. 2001-12, 7-16-2001, § 1]
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
AFFILIATE(S)
When used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person.
AS BUILT DRAWING
A document submitted to the Village that accurately locates the cable system facilities constructed or located within public ways of the Village.
AS BUILT MAPS
Maps showing the completed cable system facilities in the franchise area.
BASIC CABLE SERVICE
Any service tier which includes the retransmission of local television broadcast signals and the public, educational, and government access channels.
CABLE ACT
The cable communications policy act of 1984, the cable television consumer protection and competition act of 1992, and the telecommunications act of 1996, as the same may be amended from time to time.
CABLE OPERATOR
Any person or group of persons who:
(a) 
Provides cable service over a cable system and directly, or through one or more affiliates, owns a significant interest in such cable system;
(b) 
Otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system; or
(c) 
Operates an open video system or multichannel video system, as defined in the cable act.
CABLE SERVICE
(a) 
The one-way transmission to subscribers of video programming or other programming services;
(b) 
Subscriber interaction, if any which is required for the selection or use of such video programming or other programming service; and
(c) 
To the extent consistent with the cable act, the term cable service shall include high speed internet access, and other data transfer services.
CABLE SYSTEM (SYSTEM, or CABLE COMMUNICATIONS SYSTEM)
A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within the Village.
CHANNEL (CABLE CHANNEL)
A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as a television channel is defined by the federal communications commission by regulation.
COMMERCIAL BUSINESS UNIT
Any commercial building or establishment that is not a dwelling unit.
COMMERCIAL USE
The channel capacity designated for commercial use as defined and required by federal law by persons unaffiliated with the cable operator.
CONVERTER
An electronic device which converts signals from one form to another.
CORPORATE AUTHORITIES
The President and Board of Trustees of the Village.
CUSTOMER SERVICE REPRESENTATIVE (CSR)
An individual employed by the franchisee to answer the telephone, write service and installation orders, answer subscribers' questions, receive and process payments, and perform other subscriber service related activities.
DENSITY
The number of dwelling units that, when measured by a cable plant mile, meets the numerical requirement established in this article or the franchise agreement, so as to require the operator to provide cable service.
DOWNSTREAM CHANNEL
The direction of signal transmission from the headend to the subscriber terminals.
DROP CABLE or SERVICE DROP
The coaxial or fiber cable that connects the feeder portion of the distribution system to the subscriber's premises.
DWELLING UNIT
A single-family residential building or a unit in a multi-family residential building.
EDUCATIONAL ACCESS CHANNEL
A cable television channel, or channels, specifically designated for noncommercial use by the local noncommercial educational institutions.
FEDERAL COMMUNICATIONS COMMISSION (FCC)
The present federal agency of that name as constituted by the communications act of 1934, or any legally appointed or elected successor.
FRANCHISE
The authorization, or grant issued by the Village which authorizes the construction and operation of the cable system within the Village.
FRANCHISE AGREEMENT
That separate contract by which the corporate authorities grant the franchisee the right and franchise to operate a cable system within the Village.
FRANCHISE AREA
That portion of the Village for which a franchise is granted under the authority of this article. Except as otherwise required by applicable law, the franchise area shall be the corporate limits of the Village including all territory thereafter annexed to the Village.
FRANCHISE FEE
The fee that a franchisee is required to pay to the Village pursuant to this article for the right, privilege and franchise to construct, install, maintain and operate a cable communications system within the streets and public ways of the Village for the purpose of providing cable service to persons in the Village. The term franchise fee does not include:
(a) 
Any tax, fee, or assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers);
(b) 
Capital costs which are required by the franchise to be incurred by the cable operator for public, educational, or governmental access facilities;
(c) 
Requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or
(d) 
Any fee imposed under title 17, United States Code.
FRANCHISEE
The natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind granted a franchise by the Village under this article and its lawful successors, transferees or assignees.
GOVERNMENT ACCESS CHANNEL
That channel, or channels, set aside for the exclusive noncommercial use of local government as determined by the Village.
GROSS REVENUES
All revenue received by a franchisee, or its affiliates, derived directly or indirectly from and in connection with the operation of the franchisee's cable system to provide cable service within the Village, including, but not limited to, revenues, fees, receipts or charges from or for: basic tier cable service; any tier of video programming service other than basic service; any optional, premium, per channel or per program service; high speed internet access service, digital music service, any installation, disconnection, reconnection, change in service or other customer service; rentals of converters, remotes or other customer premises equipment; commercial leased channels or channel access; advertising sales revenue, including a per subscriber share of revenues received for advertising carried on one or more cable systems in addition to the franchisee's cable system within the Village; revenues from home shopping channels; the sales of programming guides; and such other revenue sources as may now exist or hereafter develop, provided that such revenues, fees, receipts or charges may lawfully be included in the gross revenue base on which the Village may calculate and collect franchise fees. Gross revenues shall not include any amounts refunded to subscribers, any unpaid subscriber or advertiser accounts and any sales tax, telecommunications tax, utility message tax or other taxes imposed directly upon any subscriber or user by the Village, the state or other governmental unit and collected by the franchisee on behalf of and for remittance to the Village, the state or other governmental unit. As used herein, "annual gross revenues" shall mean gross revenues attributable to a twelve-month accounting period, or portion thereof.
GUARANTY
An agreement or promise to answer for the debt, default, or miscarriage of another. Secondarily responsible for debt, default, or miscarriage.
HEADEND
The control center of a cable system, where incoming signals are amplified, converted, processed and combined into a common cable along with any origination cablecasting, for transmission to subscribers. Headend usually includes antennas, preamplifiers, frequency converters, demodulators, modulators, processors, and other related equipment.
INSTALLATION
The connection from system feeder cable to the subscriber's converter or terminal and the provision of service.
INSTITUTIONAL NETWORK (I-NET)
A communications network comprised of frequencies (upstream) that connect schools, and units of local government, etc., to the cable system headend for transmission downstream to the subscriber network and/or a closed nonpublic network. The I-Net may be constructed of a separate trunk line or may be incorporated as a certain set of frequencies on the subscriber trunk line.
INTERCONNECT
The process whereby two or more cable systems are connected.
LOCAL ORIGINATION CHANNEL
A channel which carries programming that is produced by the operator or its designated agent, or a channel which carries programming determined by the operator to reflect the needs, interests, and concerns of the communities served.
PERSON
Any individual, firm, corporation, companies, limited liability companies, cooperative, association, trust, partnership, joint venture, combination or other legally recognized entity.
PUBLIC ACCESS CHANNEL
A cable television channel specifically designated as a channel available to the public for the production of noncommercial television programming operating under rules established by the Village.
PUBLIC PROPERTY
Any real property owned by the Village or any other governmental unit that is not otherwise defined herein as a public way. A franchise granted under this article does not authorize the use of any public property by the franchisee.
PUBLIC WAY
The surface, the airspace above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, parkway, or other public right-of-way now or hereafter held by the Village which shall entitle the Village and the franchisee to the use thereof for the purpose of installing and maintaining the franchisee's cable system, but only to the extent of the Village's right, interest or authority to grant a franchise to occupy and use such public way.
PUBLIC, EDUCATIONAL OR GOVERNMENT ACCESS CHANNELS (PEG ACCESS CHANNELS)
The channel capacity designated for public, educational or governmental access programming.
PUBLIC, EDUCATIONAL OR GOVERNMENT ACCESS FACILITIES (PEG ACCESS FACILITIES)
The facilities and equipment utilized for the production and playback of public, educational and government access programming.
SCHOOLS
All public and private elementary and secondary schools, junior colleges, colleges, and universities which have been granted a certificate of recognition by the Illinois state board of education, pursuant to Illinois state statutes, and which are located within the franchise area.
SUBSCRIBER
Any person who elects to subscribe to, for any purpose, a service provided and authorized by the franchisee by means of or in connection with the cable system, and who pays the charges therefor.
TRANSFER (FRANCHISE TRANSFER)
Any transaction or series of transactions which, singularly or collectively, result in the sale, assignment or transfer of all or a majority of the assets of the franchisee, or the cable system, or a change of 25% or more of the ownership or working control of the franchisee, of the ownership or working control of the franchise, or of the ownership or working control of affiliated entities having ownership or working control of the franchisee, the franchise or cable system. Franchise transfers require Village approval as provided in this article. Transactions between affiliates of the franchisee are not exempt from Village approval, except as specifically provided in a franchise agreement between the Village and the franchisee.
TRAP
A passive device used to block a channel or channels from being received by a cable subscriber (negative trap), or used to remove an interfering carrier from a channel that a subscriber wants to receive (positive trap).
TRUNK (TRUNK LINE)
The main distribution lines leading from the headend of the cable system to the various areas where feeder lines (cables) are attached to distribute signals to the subscribers.
UPSTREAM CHANNEL
The direction of signal transmission from the subscriber terminals to the headend.
VILLAGE
The Village of Elmwood Park, Illinois.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
In the event that the Village shall grant to a franchisee a nonexclusive franchise to construct, operate, maintain, and reconstruct a cable communications system within the franchise area, or a renewal of an existing franchise, the franchise or renewal shall constitute both a right and an obligation to provide the services of a cable communications system as required by the provisions of this article and the franchise agreement. The franchise agreement shall include those provisions of the franchisee's application for franchise or application for renewal that are finally negotiated and accepted by the Village and the franchisee.
(b) 
Any franchise granted under the terms and conditions contained herein shall be consistent with federal and state laws and regulations.
(c) 
Any franchise granted is hereby made subject to the general provisions of this article now in effect or hereafter made effective. Nothing in the franchise shall be deemed to waive the requirements of the Village regarding permits, fees to be paid or manner of construction.
(d) 
The franchisee shall acknowledge that its rights under this article and the franchise are subject to the police power of the Village to adopt and enforce generally applicable ordinances necessary to the health, safety and welfare of the public; and the franchisee shall agree to comply with all generally applicable laws and ordinances enacted by the Village pursuant to such power.
[Ord. 2000-26, 12-4-2000, § 1]
No person shall construct, install, maintain, or operate a cable system within the Village, or within any public ways of the Village, unless a franchise has first been obtained pursuant to this article, and unless such franchise is in full force and effect. Such franchise shall not take the place of any other license or permit which may be legally required of the franchisee in order to conduct such a business, or to construct or install buildings, structures, facilities, or equipment within the Village.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
Any Franchise Granted Shall Be Nonexclusive. The Village may grant any number of franchises subject to applicable federal and state law. The Village may limit the number of franchises granted, based upon, but not necessarily limited to, the requirements of applicable law and specific local considerations such as:
(1) 
The capacity of the public ways to accommodate multiple cables in addition to the cables, conduits and pipes of the utility systems, such as electrical power, telephone, gas and sewerage.
(2) 
The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents' property, and the disruption arising from numerous excavations of the rights of way.
(b) 
In the event the Village grants an additional franchise to use and occupy the public ways for the purpose of operating a cable system, any additional franchise shall only be granted in compliance with applicable state and federal law. Notwithstanding the foregoing, in order to avoid the Village's receipt of redundant or outdated equipment, to the extent that the franchisee previously granted such a franchise has provided specific equipment in satisfaction of its obligation to support public, educational or governmental programming, the Village may require the subsequent franchisee to provide alternative equipment, providing that the total financial commitment for said equipment is equal to that provided by the previously granted franchise.
[Ord. 2000-26, 12-4-2000, § 1]
Except as otherwise required by applicable law, the franchise area for any franchise granted by the Village shall be the corporate limits of the Village including all territory thereafter annexed to the Village.
[Ord. 2000-26, 12-4-2000, § 1]
The term of the franchise shall be as established in the franchise agreement and shall take full effect and be in full force from and after the effective date of the franchise agreement, and the same shall continue in full force and effect for the term specified in the franchise agreement unless otherwise extended, terminated or revoked for cause as allowed pursuant to the provisions of this article.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
The application for a cable television franchise must contain, at a minimum, the following information:
(1) 
A clear description of the identity of the applicant and its affiliates including the applicant's and its affiliate's legal name, address, telephone and telecopy numbers and e-mail addresses, the names and residence and business addresses of all officers and directors of the applicant and/or persons having an ownership interest of 5% or greater;
(2) 
A legal description and/or clear identification of the area intended to be serviced by the applicant;
(3) 
A detailed description of the physical facility proposed, including channel capacity, technical design, performance characteristics, and headend which shall include, but not be limited to, the following:
(A) 
A detailed map indicating all areas proposed to be served including identification of trunk line locations, and if requested, a computerized map in a format compatible with the Village's computer software.
(B) 
A statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each of said classifications, including installation charges and cable service charges,
(C) 
A detailed, informative, and referenced statement describing the actual equipment and operational standards proposed by the applicant,
(D) 
A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between the applicant and any subscriber, and
(E) 
A detailed statement setting forth in its entirety any and all agreements and undertakings, whether formal or informal, written, oral, or implied, existing or proposed to exist between the applicant and any person, firm or corporation which materially relate or pertain to or depend upon the application and the granting of the franchise;
(4) 
Detailed projected financial pro forma for a period of 10 years showing projected number of subscribers, rates, all system revenues, operating expenses, capital expenditures, depreciation schedules, and income statements. All information is to be presented in the format required by the Village;
(5) 
Proof of financial support for the system construction as evidenced by a letter from the lending institution and/or other financial entity;
(6) 
A description of applicant's prior operational experience including a list of other franchises held by the applicant identified by state, city/Village and the date of franchise expiration;
(7) 
A detailed description of the customer service and technical support operations;
(8) 
Representations that the general partner, any principal or partner, or principal stockholder has never been convicted of a crime involving moral turpitude, or presently under indictment charging such a crime; the applicant and/or its parent corporation is not, nor has been, a party to litigation, or cause of action, in any court of law or proceeding by the securities and exchange commission, the FCC, or any other governmental body, or administrative agency relevant to the holding of any franchise agreement, or actions of the applicant in any business endeavor; and
(9) 
Any additional information that the Village deems relevant.
(b) 
A fee of $20,000 for analysis of the application is required to accompany the application for an initial franchise. A condition of any initial franchise granted pursuant to this article shall be the franchisee's agreement to reimburse the Village's out of pocket expenses in connection with the initial franchise grant.
(c) 
Upon receipt of a complete application for an initial franchise, a public hearing shall be held at a time and date approved by the corporate authorities. Within 90 days after the close of the public hearing, the corporate authorities shall make a decision based upon the technical, financial, and legal qualifications of the applicants, the applicants' performance in other franchise areas and such other information as the board deems relevant. No provision of this article shall be deemed, or construed, as to require the corporate authorities to grant a franchise.
(d) 
Any grant of a franchise shall become effective through the execution by the Village and the franchisee of a franchise agreement subject to the terms and conditions of this article.
[Ord. 2000-26, 12-4-2000, § 1]
The Village may require a franchisee to provide a surety or guaranty agreement which assures that the surety accepts liability for the performance of the obligations of the franchisee upon the franchisee's default.
[Ord. 2000-26, 12-4-2000, § 1]
In addition to those matters required to be included in the franchise agreement by virtue of this article, the franchise agreement shall contain such further conditions or provisions as may be included in the franchisee's proposal and/or negotiated between the Village and the franchisee, except that no such conditions or provisions shall be such as to conflict with any provisions of this article or other applicable law.
Each franchise agreement shall also contain the following express representations by the franchisee that:
(a) 
The franchisee has carefully read the terms and conditions of this article and the franchise agreement and accepts all of such terms and conditions and agrees to abide by the same.
(b) 
The franchisee has carefully read the terms and conditions of this article and expressly waives any claims that any provisions thereof are unreasonable or arbitrary or void, except as to those provisions which are preempted now or hereafter by superseding provisions of federal or state law.
(c) 
The franchisee has not been induced to accept the franchise by any promise, oral or written, by or on behalf of the Village or by any third person, regarding any term or condition of this article or the franchise agreement not expressed therein.
(d) 
No promise or inducement, oral or written, has been made by the franchisee to any Village employee, agent or official regarding receipt of the franchise.
(e) 
Except as may be permitted by Section 2-8A of this Code, as amended, or by any federal or Illinois statute, rule or regulation, no officer or employee of the Village has solicited any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to the government employment or the official position of the employee or officer from the franchisee in violation of Section 2-8A of this Code, as amended.
(f) 
Except as may be permitted by Section 2-8A of this Code, as amended, or by any federal or Illinois statute, rule or regulation, the franchisee has not given to any officer or employee of the Village any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to the government employment or the official position of the employee or officer in violation of Section 2-8A of this Code, as amended.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
The franchisee shall pay to the Village a franchise fee in an amount of 5% of the franchisee's annual gross revenues.
(b) 
Payment of the franchise fee is in addition to and exclusive of any and all authorized taxes, business license fees, permit fees, levies or assessments previously in effect or subsequently adopted by the Village so long as said taxes, fees, levies or assessments are of general applicability.
(c) 
To the extent permitted by applicable law or regulations, franchise fees in excess of 5% may be enacted by appropriate amendment to this article by the corporate authorities and collected by the Village after 60 days' written notice to the franchisee.
(d) 
Franchise fees are to be paid quarterly and not later than 60 days following the last day of the quarter. The franchise fees are to be mailed by certified mail, or may be hand delivered, to the Village Manager's office.
(e) 
Each franchise fee payment shall be accompanied by a verified financial statement in a format as set forth in the franchise agreement that clearly states the gross revenues for the quarter said payment is rendered. The financial statement shall be signed by the franchisee's controller, or other employee knowledgeable of the accuracy of the figures used in the computation and the corresponding payment to the Village.
(f) 
Any franchise fee which remains unpaid in whole or in part after the date specified in this article shall be delinquent and shall thereafter accrue interest from and after the due date at the rate of 18% per annum until paid in full.
(g) 
The Village shall have the right to inspect the franchisee's income records, worksheets, journals, financial statements, and other such financial records as may be necessary and appropriate to verify the accuracy of the franchise fee payments or other payments owed to the Village. The Village may use its own personnel or may hire an outside certified public accountant to conduct an audit or "Agreed Upon Procedures" financial review to recompute and verify the franchise fee payment and compliance with the financial terms of this article. Any additional amounts due to the Village as a result of an audit shall be paid with applicable interest within 30 days following written notice to the franchisee. Said notice shall include a copy of the audit report.
(h) 
Upon termination of the franchise and/or at the expiration of the term provided thereof, or otherwise, the franchisee shall continue to make the quarterly statements and certifications as provided in this section until such time as all payments due the Village under this article have been paid and accounted for to the reasonable satisfaction of the Village.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
The franchisee's franchise shall not be assigned or transferred without the prior written consent of the Village. As used in this section, the terms assigned and transferred shall mean any transaction or series of transactions defined as a transfer in this article.
(b) 
No consent from the Village is required prior to the granting of a security interest in any of the franchisee's assets by pledge, mortgage or other hypothecation to secure an indebtedness.
(c) 
The franchisee shall notify the Village in writing of any foreclosure or any other judicial sale of the franchise or of a substantial part of the assets of the franchisee or of the cable system. Such notification shall be considered by the Village as notice of a franchise transfer and the provisions of this section governing the application for Village consent to the transfer shall apply.
(d) 
The franchisee, and any proposed assignee or transferee of the franchise, shall submit a written application to the Village containing or accompanied by such information as is required in accordance with applicable law and FCC regulations.
(e) 
For the purpose of determining whether it shall consent to such franchise transfer, the Village may inquire into the legal, financial, technical and other qualifications of the prospective transferee or controlling party to operate and maintain the system, to comply with all franchise obligations for the remainder of the franchise term, and to promptly cure any present or ongoing franchise violations or defaults. The franchisee and the prospective transferee or controlling party shall provide such information as reasonably requested by the Village in connection with such inquiry.
(f) 
The consent of the Village shall not be unreasonably delayed or denied. As prescribed by the cable act (47 USC Section 537), the Village shall be deemed to have consented to a proposed transfer if the Village fails to render a final decision on the request for approval of the proposed transfer within 120 days following the Village's receipt of the written application for consent to the transfer, unless the Village and the applicant agree in writing to extend the time for the Village to review the application and to grant or deny its consent.
[Ord. 2000-26, 12-4-2000, § 1]
Franchise renewal shall be as prescribed by applicable law. The Village and franchisee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise.
[Ord. 2000-26, 12-4-2000, § 1; Ord. 2001-12, 7-16-2001, § 2]
The franchisee shall, within 30 days after written demand therefor, reimburse the Village for all reasonable and necessary costs and expenses incurred by the Village in connection with any assignment or transfer of the franchise agreement.
[Ord. 2000-26, 12-4-2000, § 1]
The Village shall have the right to purchase the system under the conditions set forth in the cable act (47 USC Section 627), as follows:
(a) 
If a renewal of a franchise is denied and the Village acquires ownership of the cable system or effects a transfer of ownership of a cable system to another person, such acquisition or transfer shall be at fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the franchise itself.
(b) 
If a franchise is revoked for cause and the Village acquires ownership of the cable system or effects a transfer of ownership of the cable system to another person, such acquisition shall be at an equitable price within the meaning of the cable act.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
Subject to applicable federal and state law, the franchisee shall continue to provide cable service for a reasonable period of time not to exceed 24 months following the expiration of the term of the franchise or the effective date of any revocation or termination of the franchise.
(b) 
In the event of a change of franchisee, or in the event a new operator acquires the system, the franchisee shall cooperate with the Village, new franchisee or operator in maintaining continuity of service to all subscribers. During such period, the franchisee shall be entitled to the revenues for any period during which it operates the system and shall be entitled to reasonable costs for its services when it no longer operates the system.
(c) 
In the event the franchisee fails to operate the cable system for 72 consecutive hours without prior approval of the Village or without just cause, the Village may, at its option, operate the cable system or designate an operator until such time as the franchisee restores cable services. If the Village is required to fulfill this obligation for a franchisee, the franchisee shall reimburse the Village for all reasonable costs or damages that are the result of the franchisee's failure to perform.
(d) 
During any period in which the franchisee continues to provide service as provided in Subsection (a) of this section, the franchisee is entitled to all revenues collected, less any franchise fees or other monies owed to the Village.
(e) 
During any period of time in which the franchisee continues to provide service as provided in subsection(a) of this section, the Village will assist and use its best efforts to assist the franchisee in providing a satisfactory basis for the franchisee to continue providing services under the franchise agreement; provided, however, that the franchisee is not required during any such period to provide or continue to provide service if the revenues collected are less than the operating costs incurred by the franchisee.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
In the event a franchise expires without right of renewal, is revoked, or is otherwise terminated, the franchisee shall remove the tangible assets of its system from the Village's rights of way within one year unless the franchisee receives permission to abandon some or all of its system or has received permission to transfer the system.
(b) 
In removing its plant, structures and equipment, the franchisee shall at its own expense restore and repair any property damaged during the removal process and shall leave all streets and public ways in as good condition as prevailed prior to the franchisee's removal of its equipment and appliances, without affecting the electrical, telephone or other cable wires or attachments. The Village shall inspect and approve the condition of the streets and public ways after removal. The liability, indemnity and insurance as provided herein, and the security fund, shall continue in full force and effect during the period of removal and until full compliance by the franchisee with all the terms and conditions of this section.
(c) 
In the event of a failure by the franchisee to complete any work required by this section the Village may cause such work to be done and the franchisee shall then reimburse the Village for the costs thereof within 30 days after receipt of an itemized list of such cost, or the Village may recover such costs through the security fund or letter of credit provided by the franchisee.
[Ord. 2000-26, 12-4-2000, § 1]
The Village shall exercise appropriate regulatory authority under the provisions of this article and applicable law. The Village may, at its sole option, delegate some or all of its regulatory authority under this article or the franchise agreement to a joint regulatory agency, provided that only the corporate authorities may revoke a franchise pursuant to this article.
[Ord. 2000-26, 12-4-2000, § 1]
The Village acting alone or acting jointly with other franchising authorities, may exercise or delegate regulatory responsibility, including, but not limited to, the following areas:
(a) 
Administering and enforcing the provisions of the cable television franchise(s).
(b) 
Coordination of the operation of public, educational and government access channels and facilities.
(c) 
Providing technical, programming and operational support to public agency users, such as government departments, schools and health care institutions.
(d) 
Establishing procedures and standards for use of channels dedicated to PEG access use, if provided for in any franchise agreement.
(e) 
Planning expansion and growth of public benefit cable services.
(f) 
Analyzing the possibility of integrating cable communications with other local, state or national telecommunications networks.
(g) 
Formulating and recommending long range telecommunications policy.
[Ord. 2000-26, 12-4-2000, § 1]
At Village's sole option, upon 30 days' written notice to the franchisee, the Village and the franchisee shall meet and/or conduct public review of the performance and quality of service of the system.
(a) 
Topics for discussion and review may include, but shall not be limited to, services provided, application of new technologies, system performance, programming, developments in the law, and technical and economic feasibility of system expansion or upgrading. Either the Village or the franchisee may select additional topics for discussion.
(b) 
Within 30 days after the conclusion of the review, the Village may issue a report with respect to the adequacy of system performance and quality of service. If inadequacies are found, the Village may direct the franchisee to correct the inadequacies within a reasonable period of time.
(c) 
Failure of the franchisee, after due notice, to correct any inadequacies found during the review may be a violation of a specific provision of the franchise or this article. The Village may, at its sole discretion, exercise any remedy within the scope of this article considered appropriate.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
The franchisee shall establish rates for its service categories that shall be applied fairly and uniformly to all subscribers in the franchise area.
(b) 
The franchisee shall maintain and file with the Village, a complete schedule of subscriber rates including all fees and charges for services. The franchisee shall notify the Village at least 30 days prior to any change in rates.
(c) 
The Village reserves the right to regulate rates as permitted by state and federal law.
[Ord. 2000-26, 12-4-2000, § 1]
On the effective date of the franchise, the franchisee shall establish a permanent security fund with the Village in the amount of $50,000 in cash, an irrevocable letter of credit, corporate surety bond or other instrument which complies with the requirements of this article and is approved by the Village Attorney, which approval shall not be unreasonably withheld. The security fund shall be maintained at the sole expense of the franchisee so long as any part of the system is located within the public ways of the Village.
(a) 
The fund shall serve as security for the full and complete performance of this article and the franchise agreement, including payment of any costs, expenses, damages or loss the Village pays or incurs because of any act or omission attributable to the franchisee that constitutes a violation, default or failure to comply with the codes, ordinances, rules, regulations or permits of the Village, and the payment of any liquidated damage amounts, penalties, judgments, fees or taxes due the Village.
(b) 
In the case of any default or failure of the franchisee to pay any liquidated damages, penalties, judgments, fees or taxes due the Village in connection with the construction, operation or maintenance of the cable system and the provision of cable service within the Village pursuant to the franchise, the Village may assess the security fund pursuant to the applicable procedures set forth in Section 48A-50 of this article, or in the franchise agreement.
(c) 
The franchisee shall promptly pay any undisputed liquidated damages, penalties, judgments, fees or taxes due the Village. If the franchisee fails to pay any undisputed amounts due the Village within 30 days after written notice from the Village, the Village may withdraw the amount stated in the notice from the security fund.
(d) 
The franchisee shall replenish the security fund to its full amount within 30 days after written notice from the Village that monies have been withdrawn from the fund.
(e) 
The rights reserved to the Village with respect to the security fund are in addition to all other rights and remedies of the Village, whether reserved by this article or authorized by law, and no action or proceeding to exercise rights with respect to the security fund shall constitute an election of remedies or a waiver of any other rights the Village may have.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
Prior to commencing any work within public ways of the Village that exceeds $25,000 in value, the franchisee shall furnish the Village with a construction bond written by a corporate surety authorized to do business in Illinois, equal to 100% of the estimated cost of the system, or portions of the system, to be constructed, modified, repaired, or replaced within the public ways of the Village, or $100,000, whichever is less. Such instrument shall be in a form acceptable to the Village.
(b) 
The construction security shall remain in force until 60 days after substantial completion of the work, as determined by the Village Engineer, including restoration of public ways and other public or private property affected by the construction. After expiration of said sixty-day period, the construction security shall be released and the instrument shall be canceled.
(c) 
The construction security shall guarantee:
(1) 
Timely completion of construction;
(2) 
Construction in compliance with applicable plans, permits, technical codes and standards;
(3) 
Proper location of the facilities in the public ways of the Village as specified in plans approved by the Village; and
(4) 
Restoration of the public ways and any other public property affected by the construction within the public ways.
(d) 
Notwithstanding the construction security provided by the franchisee, the franchisee is responsible for completion of all construction work, including restoration, in accordance with the permit and approved plans for such work, and the material requirements of this article and the franchise agreement. Any default or breach in performance of such work shall be promptly cured by the franchisee.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
As a part of the indemnification provided by the provisions of this article, but without limiting the same, the franchisee shall upon award of the franchise and prior to commencement of construction of the system, file with the Village Clerk, and at all times thereafter maintain in full force and effect at its sole expense, evidence of a policy or policies for the following:
(1) 
Commercial General Liability Insurance. Comprehensive or commercial general liability insurance, including, but not limited to, coverage for bodily injury, personal injury, and property damage shall be maintained at the sum(s) of $5,000,000 per occurrence and $10,000,000 aggregate.
(2) 
Business Automobile Liability. Comprehensive automobile liability including, but not limited to, nonownership and hired car coverage as well as owned vehicles with coverage for bodily injury and property damage, shall be maintained at the sum(s) of $3,000,000 per accident.
(3) 
Property Loss. Fire insurance with coverage for extended perils on the franchise property used by the franchisee in the conduct of franchise operations in an amount adequate to enable the franchisee to resume franchise operations following the occurrence of any risk covered by this insurance.
(4) 
Workers' Compensation Insurance. In such coverage, with statutory limits as may be required by the state of Illinois.
(b) 
The policy or policies shall specifically recognize and cover the indemnification provisions of this article. The Village and its officers, agents, and employees shall be named as an additional insured, and the policy or policies shall contain cross liability endorsements. Said insurance shall provide that the insurance provided by the franchisee shall be primary and that any provision of any contract of insurance or other risk protection benefit or self-insurance policy purchased or in effect or enacted by the Village and any other insurance or benefit shall be in excess thereof.
(c) 
The insurer or insurers shall have "Best Insurance Rating" of at least A-, VII or the highest rating attributable to insurance carriers by a recognized rating agency and shall be authorized to write the required insurance, and shall be approved by the state of Illinois.
(d) 
The policy or policies of insurance shall be maintained by the franchisee in full force and effect during the entire term of the franchise and such other period of time during which the franchisee is operating without a franchise or is engaged in the removal of the cable system. All certificate(s) shall contain the following endorsement:
Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 day prior written notice to the holder named on the certificate.
(e) 
In the event of the cancellation of any insurance policy required herein or upon the franchisee's failure to procure said insurance, the Village shall have the right to terminate the franchise agreement or, alternatively, to procure such insurance and charge the cost thereof to the franchisee. Such costs may be paid from the security fund established in this article or from the construction bond, or by any other means deemed appropriate by the Village.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
As a condition of any franchise granted pursuant to this article, the franchisee shall agree to the extent permitted by law, to defend, indemnify and hold the Village and its officers, agents and employees free and harmless from and against any and all claims, actions, suits, damages, costs, expenses and liabilities, including the reasonable fees and expenses of their attorneys, expert witnesses and consultants, court costs and fines, which may be incurred by them, asserted against them, or sought to be imposed upon them, individually, jointly or severally, and which arise directly or indirectly out of or are connected in any way with the grant of the franchise or the construction, installation, maintenance, operation or condition of the franchisee's cable system pursuant to a franchise granted hereunder except to the extent those damages, claims, awards and judgments arise from the negligence of the Village, its officers, agents and employees, including, but not limited to:
(1) 
Any negligent, tortious or wrongful act or omission of the franchisee, and its officers, agents, employees, contractors or subcontractors resulting in personal injury, bodily injury, sickness or death to any person, or in loss or damage of any kind to the property of any person including the franchisee and its officers, agents, employees, licensees and invitees.
(2) 
Any negligent, tortious or wrongful act or omission of the franchisee, and its officers, agents, employees, contractors or subcontractors resulting in damage to, loss of, destruction or unauthorized use of any trademark, trade name, copyright, patent or other intangible property rights of any person including libel, slander and invasion of privacy.
(3) 
Loss or damage of any kind related to franchisee's failure to comply with the provisions of this article, or of the franchise agreement, or of any federal, state or local law or regulation applicable to the franchisee or the cable system.
(b) 
As a condition of any franchise granted pursuant to this article, the franchisee shall assume for its officers, agents, employees, contractors and subcontractors all risk of dangerous or hazardous conditions in, on or about any public ways of the Village, except for latent conditions actually caused by the wilful or negligent acts of the Village or its employees.
(c) 
The indemnity obligation of the franchisee shall not extend to injuries, judgments or liabilities to the extent they arise out of the negligence or wilful misconduct on the part of the Village, or its officers, agents or employees while acting on behalf of the Village.
(d) 
As a condition of any franchise granted pursuant to this article, the franchisee shall agree that, except to the extent caused by the gross negligence, malicious or intentional wrongful acts, or the wilful misconduct of the Village, or its officers, agents or employees while acting on behalf of the Village, the Village and its officers, agents or employees shall not be liable to the franchisee for any claims for damage to, or loss of, all or any part of franchisee's cable system arising out of any public work, public improvement, alteration of any municipal structure, change in the grade or line of any public way of the Village, the elimination, discontinuing or closing of any public way of the Village, or other exercise by the Village of its lawful authority over the public ways.
(e) 
As a condition of any franchise granted pursuant to this article, the franchisee shall recognize the Village's right to exercise its police powers over the public ways of the Village in case of fire, disaster or other emergency as reasonably determined by the Village, and agree that the Village shall not be liable to the franchisee for any damage to the franchisee's cable system or other property when such damage results from the exercise by the Village of its police powers in order to protect the public in case of fire, disaster or other emergency. When practicable, as determined by the Village, the Village agrees to consult with the franchisee prior to the exercise by the Village of such police power, where the exercise may affect the franchisee's cable system and to permit the franchisee to take necessary actions to protect the public and the franchisee's cable system or other property.
[Ord. 2000-26, 12-4-2000, § 1]
The cable communications system shall be constructed in accordance with the design, construction, and rebuild requirements contained in the franchise agreement.
[Ord. 2000-26, 12-4-2000, § 1]
The franchisee's system shall have an audio emergency override system that can be activated by the Village. The override shall be capable of providing an audio signal over all NTSC channels of the franchisee's system. Additionally, the franchisee may in a franchise agreement be required to provide an audio/video override. The Village shall be solely responsible for the content of all transmissions over the emergency override. The franchisee shall not be liable for any claim or cause of action arising from the Village's transmission, or failure to transmit, over the emergency override. The Village agrees to indemnify and hold the franchisee harmless from any damages or penalties arising out of the negligence of the Village, its employees or agents in using such service.
[Ord. 2000-26, 12-4-2000, § 1; Ord. 2001-12,7-16-2001, § 3]
The franchisee shall design a cable system in such a manner as to have the capability to pass by every single-family dwelling unit and multiple-dwelling unit building, within the franchise area. Service shall be provided to business locations under the terms and conditions set forth in the franchise agreement. Cable system construction and provision of service shall be nondiscriminatory, and the franchisee shall not delay or defer service to any part of the franchise area on the grounds of economic preference. The franchisee shall not deny service, deny access, or otherwise discriminate against subscribers, PEG access channel users, or general citizens on the basis of income, race, color, religion, national origin, age, gender, marital status or physical or mental disability of an individual or group in an area. The franchisee shall comply at all times with the cable act and all other applicable federal, state and local laws and regulations, and all executive and administrative orders relating to nondiscrimination. The entire operations of the franchisee shall be operated in a manner consistent with the principle of fairness and no one shall be arbitrarily excluded from its use. Service shall be provided to subscribers in accordance with the schedules specified in the franchise agreement.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
The franchisee shall initially construct or rebuild the cable system so that cable service from the newly constructed or rebuilt system is extended and can be provided within a reasonable time to any dwelling unit that exists within the franchise area.
(b) 
After completion of initial construction or rebuild of a cable system, the franchisee shall extend the system to and offer the services of the system to potential subscribers within any area of the Village, including subdivisions which are hereafter developed or annexed within the corporate limits of the Village, where there are at least a total of 20 residential dwelling units with occupancy permits per cable plant mile. The franchisee shall design, construct and operate the system in accordance with the schedules specified in the franchise agreement.
[Ord. 2000-26, 12-4-2000, § 1]
The franchisee shall provide cablecasting facilities in accordance with the requirements set forth in the franchise agreement.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
The cable system shall be designed in such a manner as to allow the franchisee to interconnect with adjacent cable systems operated by the franchisee or by the franchisee's parent company, affiliate, or subsidiary. The franchisee shall interconnect between said systems, which shall permit the sharing of programming on public, educational, and government access channels, and for emergency purposes as set forth in the franchise agreement.
(b) 
Subject to the limitation of applicable federal and state law, the Village may require the franchisee to participate in interconnecting the cable television system to other cable systems as set forth in the franchise agreement.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
All companies shall, as part of any application for an initial or renewed franchise, propose the design and construction of an institutional network that shall connect school and local government unit buildings and facilities designated by the Village and that meets the identified needs of the Village for the purpose of transmitting two-way telecommunications signals among the designated school and local government entities.
(b) 
The institutional network shall be capable of carrying voice, full motion video, audio, and data communications.
(c) 
The franchisee shall design, construct, operate and maintain the institutional network as provided in the franchise agreement.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
For the initial build out or rebuild of the cable system upon renewal of a franchise agreement, the franchisee shall comply with the requirements of the system construction schedule contained in the franchise agreement.
(b) 
Following the initial build out or rebuild of the cable system upon renewal of a franchise agreement, the franchisee shall submit a written construction schedule to the Village Engineer 10 working days before commencing any work in or about the public ways. The franchisee shall further notify the Village Engineer not less than two working days in advance of any excavation or work in the public ways. The franchisee shall promptly complete all construction activities so as to minimize disruption of the Village ways and other public and private property. All construction work authorized by a permit within the public ways, including restoration, must be completed within 120 days of the date of issuance.
(c) 
The franchisee shall provide the Village with monthly reports of all construction and system activation during the initial construction or rebuild of the cable system. Reports shall identify the location to which service is proposed, the time at which the construction will be completed, the time for activation of the service line, the date the area has been turned over to marketing, and other information which will assist the Village in determining that the franchisee is extending service to the entire franchise area. After initial construction or rebuild of the cable system is completed, the franchisee shall provide an annual report of system construction, if any. The franchisee and the Village shall meet for periodic construction conferences.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
The franchisee shall provide to the Village three sets of as built maps and drawings of the cable system in document form, and one set in electronic form, within 90 days after initial construction or rebuild of the cable system is substantially completed.
(b) 
Within 60 days after completion of any construction or work that results in any addition, extension, rebuild or removal of the system within the public ways of the Village, the franchisee shall furnish the Village with three sets of as built maps and drawings in document form, and one set in electronic form, accurately depicting the location of all cables, wires, and facilities constructed or relocated as part of such work.
(c) 
The as built maps and drawings submitted in document form shall be in a reproducible medium reasonably acceptable to the Village, and shall be on sheets not to exceed 24 inches by 36 inches and drawn at a scale of one inch to 20 feet.
(d) 
The as built maps and drawings submitted in electronic form shall use the state plane coordinate system, shall be in AutoCAD or other format approved by the Village, and shall be on 3 1/2 inch floppy disks or other electronic storage medium approved by the Village.
(e) 
The as built maps and drawings submitted to the Village in electronic form will be used to create atlas information and will be documented into an overall utilities atlas. If the franchisee desires, it may provide separate sets of electronic form as built maps and drawings, one set for the Village's public records, and one set containing any proprietary information that the Village would agree to protect from public disclosure, as provided in Section 48A-46 of this article.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
Village Codes and Permits. The franchisee shall comply with all applicable Village construction codes, permit procedures and ordinances regulating public ways. The Village shall be entitled to charge reasonable permit and inspection fees to recover the special nonrecurring inspection costs imposed by the construction or rebuild of the cable system. Any fees or charges paid, so long as generally applicable to entities, including, but not limited to, like users of the public right-of-way and not discriminatory, shall be paid in addition to the franchise fee.
(b) 
Compliance with Safety Codes. All construction practices shall be in accordance with all applicable sections of federal and state occupational safety and health acts and any amendments thereto as well as all state and local codes where applicable.
(c) 
Compliance with Codes. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the national electrical code, the national electrical safety code, the Illinois commerce commission's rules for construction of electric power and communication lines, and all applicable federal, state and local codes.
(d) 
Construction Standards and Requirements. All of the franchisee's plant and equipment, including, but not limited to, the antenna site, headend and distribution system, towers, house connections, structures, poles, wires, cables, coaxial cables, fiber optic cables, fixtures and appurtenances, shall be installed, located, erected, constructed, rebuilt, replaced, removed, repaired, maintained, and operated in accordance with good engineering practices, so as not to unnecessarily hinder or obstruct pedestrian or vehicular traffic.
(1) 
Initial Construction or System Rebuild Communications. During the initial construction or rebuild of the cable system, the franchisee shall provide advance written notice to residents when performing construction in the public easements, utility easements or otherwise on private property in the area in which they live, utilizing door hangers, letters or bill stuffers.
(2) 
Other Construction Communications. The franchisee shall provide advance written or other notice to residents when performing scheduled system construction in the public easements, utility easements or otherwise on the resident's private property. Said notice may utilize door hangers, letters, bill stuffers or personal communication from a franchisee representative to a resident. Further, the franchisee shall use its best efforts to notify residents when performing nonscheduled system construction, including unanticipated work associated with a service call or service interruption.
(e) 
Safety, Nuisance Requirements. The franchisee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
(f) 
Personnel. The franchisee is responsible for all of its personnel, including its contractors, agents, employees and subcontractors engaged in system construction and maintenance.
(g) 
General Duties. The franchisee shall, before commencing any construction in the public ways, comply with all requirements of JULIE.
[Ord. 2000-26, 12-4-2000, § 1]
The franchisee shall construct, install, operate and maintain its system in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements, FCC technical standards, and any detailed standards set forth in the franchise agreement. In addition, the franchisee shall provide to the Village, upon request, a written report of the results of the franchisee's periodic proof of performance tests conducted pursuant to FCC and franchise standards and guidelines.
(a) 
Twenty Four Hour Operation. The system shall be designed and shall be maintained to provide 24 hour continuous operation.
(b) 
Uniform and Strong Signals. Subject to the FCC standards the system shall produce, for reception on subscriber's receivers, which are in good working order, a picture which is free from any significant interference or distortion.
[Ord. 2000-26, 12-4-2000, § 1]
If there are recurring problems or complaints, the franchisee will perform reasonable tests at the request of the Village, including partial repeat tests, different test procedures, or tests involving a specific subscriber's terminal, at the franchisee's expense. The Village may require the franchisee to prepare a report to the Village on the results of those tests, including a report identifying any problem found and steps taken to correct the problem. The franchisee will endeavor to arrange for such special tests so as to minimize hardship or inconvenience to subscribers.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
The franchisee shall utilize existing poles, conduits and other facilities whenever practicable, and shall not construct or install new, different, or additional poles, conduits, or other facilities on public property until the written approval of the Village is first acquire any vested interest in any location for any pole or wire holding structure, and such poles conduits, or other facilities shall be temporarily or permanently removed, relocated, changed or altered by the franchisee on the same terms and conditions, if any, established by the Village for telephone and electric utilities.
(b) 
All installations shall be underground in those areas of the Village where public utilities providing both telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are aboveground at the time of the installation, the franchisee may install its service aboveground, provided that at such time as those facilities are required to be placed underground by the Village, or are placed underground, the franchisee shall likewise place its services underground on the same terms and conditions, if any, established by the Village for telephone and electric utilities. Where not otherwise required to be placed underground, the franchisee's system shall be located underground at the request of the adjacent property owners, provided that the excess cost over aerial location shall be borne by the property owner making the request. All cable passing under the roadways shall be installed in conduit.
(c) 
The franchisee shall notify the Village at least 10 days before commencement of any construction in any streets within the Village. The Village shall cooperate with the franchisee in granting any permits required, providing such grant and subsequent construction by the franchisee shall not unduly interfere with the use of such streets and that the proposed construction shall be done in accordance with all applicable provisions of this Code.
(d) 
All transmission lines, equipment and structures shall be so installed and located as to cause minimum interference with the use of the public ways by the Village, by the general public or by persons authorized to use or be present in or upon the public ways and with the rights and reasonable convenience of property owners, and at all times shall be kept and maintained in a safe, adequate and substantial condition and in good order and repair. The franchisee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. Suitable barricades, flags, lights, flares, or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. Any poles or other fixtures placed in any street or public way by the franchisee shall be placed in such manner as not to interfere with the usual travel on such street or public way.
(e) 
The franchisee shall restore to the Village standards and specifications, at its own expense and in a manner approved by the Village, any damage or disturbance caused to any street, public way or to public property as a result of its operations or construction on its behalf. The franchisee shall guarantee and maintain such restoration for a period of one year against defective materials or workmanship. The franchisee shall restore any damage or disturbance to private property which may result from operations or construction by it or on its behalf to the property's preconstruction condition.
(f) 
Whenever, in case of fire, disaster, or other emergency, it becomes necessary in the judgment of the Village's officials to remove or damage any of the franchisee's facilities, no charge shall be made by the franchisee against the Village for restoration and repair, unless such acts amount to malicious conduct by the Village.
(g) 
The franchisee shall have the authority to trim trees on public ways of the Village at its own expense as may be necessary to protect its wires and facilities. Such work shall comply with the applicable requirements of this Code and any other Village rules and regulations.
(h) 
The franchisee, at its own expense, shall protect, support, temporarily disconnect, relocate, or remove, any property of the franchisee when in the opinion of the Village Manager, the same is required by reason of traffic conditions, public safety, street vacation, street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, transportation facilities, tracks, or any other type of structure or improvement by governmental agencies, whether acting in a governmental or a proprietary capacity.
(i) 
At the request of any person holding a valid building moving permit issued by the Village or other appropriate governmental authority and upon at least 48 hours' notice, the franchisee shall temporarily raise, lower, or cut its wires as may be necessary to facilitate such move. The direct expense of such temporary changes, including standby time, shall be paid by the permit holder, and the franchisee shall have the authority to require payment in advance.
(j) 
The franchisee shall make no paving cuts or curb cuts unless absolutely necessary, and then only after written permission has been given by the Village.
(k) 
All cables passing under any roadway shall be installed in conduit, unless the construction permit issued for such work contains an express waiver of this requirement and approval of an alternative installation.
(l) 
Unless directly and proximately caused by the wilful, intentional or malicious acts by the Village, the Village shall not be liable for any damage to or loss of any of franchisee's facilities within the public ways of the Village as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public ways by or on behalf of the Village.
[Ord. 2000-26, 12-4-2000, § 1]
After service has been established by activating trunk and feeder cables for any area meeting the density requirements as set forth in the franchise agreement, the franchisee shall provide service to any requesting potential dwelling unit subscriber within the area within 30 days from the date of request, provided such subscriber provides appropriate identification and pays any outstanding balance due on previous accounts and any advance charges required for new service.
[Ord. 2000-26, 12-4-2000, § 1]
The franchisee shall provide the broad categories of video programming and other services in order to meet community needs, as specified in the franchise agreement.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
The franchisee will provide at least one drop and one outlet at each school building and local unit of government building as set forth in the franchise agreement at no charge. The franchisee may charge the school or local unit of government for the actual costs for internal cable wiring within the school or local unit of government building for the installation of the outlets in excess of the number agreed to in the franchise agreement. Costs shall be for actual costs of materials and the franchisee's labor. The franchisee shall work with the school or local unit of government in determining the design of the installation.
(b) 
The franchisee shall provide such number of outlets to the institutional network at each school and/or local unit of government buildings identified by the Village, as provided in the franchise agreement or other applicable agreement.
(c) 
The franchisee shall provide such equipment for the cablecasting of live and/or prerecorded programming from schools and local unit of government buildings as set forth in the franchise agreement or other applicable agreement.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
The franchisee shall establish and provide dedicated access channels for public, educational and government access. The number of such channels shall be as set forth in the franchise agreement.
(b) 
The franchisee shall be required to provide PEG access facilities and equipment as specified in the franchise agreement.
[Ord. 2000-26, 12-4-2000, § 1]
The franchisee shall designate channel capacity for commercial use as required by applicable law.
[Ord. 2000-26, 12-4-2000, § 1; Ord. 2001-12, 7-16-2001, § 4]
(a) 
The franchisee shall maintain all books and records required for regulation of rate by the appropriate governmental authority.
(b) 
Upon written request, the Village may inspect the books, records, maps and other documents in the control or possession of the franchisee that directly pertain to the franchise when reasonably necessary: 1) to enforce this article or to assess compliance with the franchise; 2) to exercise any lawful regulatory power of the Village; or 3) as may otherwise be necessary or appropriate in connection with any proceeding the Village may or must conduct under applicable law with respect to the franchisee's cable system. The franchisee shall produce the requested books, records and maps at the franchisee's local office in the Chicago metropolitan area not later than 30 days after the request for production. Requests for extensions of time to respond shall not be unreasonably denied. Records shall be exempt from inspection pursuant to this section to the extent required by applicable laws regarding subscriber privacy.
(c) 
To the extent provided herein, trade secrets and proprietary, privileged or confidential information obtained from or provided by the franchisee that would cause competitive harm to the franchisee if disclosed will not be publicly disclosed by the Village.
(d) 
Any such information claimed to be so privileged, and that part of any document claimed to contain such privileged information ("confidential information"), shall be appropriately marked by the franchisee as a trade secret, or as privileged, confidential or proprietary commercial information, and shall be accompanied by a written request for nondisclosure upon submission of the information to the Village. Nondisclosure requests shall identify the portion of the materials claimed to be privileged from disclosure and shall contain a plain statement of the reasons for withholding the information from public inspection.
(e) 
The Village shall protect the confidential information from disclosure to third parties with the same degree of care afforded to its own confidential and proprietary information. Information shall not be considered to be privileged, confidential or proprietary to the extent that: 1) it is or becomes publicly available other than through the Village; 2) it is required to be disclosed by a governmental or judicial order: 3) it is required to be disclosed by statute or other applicable law. Upon request, the Village shall enter into a written confidentiality agreement incorporating these conditions prior to inspection of any records claimed to be privileged from disclosure as provided in Subsection (c) of this section.
[Ord. 2000-26, 12-4-2000, § 1; Ord. 2001-12, 7-16-2001, § 5]
The franchisee shall provide reports in a form acceptable to the Village related to cable services provided in the Village as the Village may request from time to time, provided that such reports or additional information relates to the scope of the Village's regulatory authority.
[Ord. 2000-26, 12-4-2000, § 1]
Within 120 days after the close of the franchisee's fiscal year, the franchisee shall submit a written annual report in a form approved by the Village. Such report shall include, without limitation, the following information:
(a) 
A copy of the franchisee's annual report, if any, and its parent company's annual report;
(b) 
A list of the franchisee's officers, members of its board of directors, and any general partners of the franchisee;
(c) 
A list of stockholders or other equity investors holding 5% or more of the voting interest in the franchisee and its parent company;
(d) 
A list of residential areas in the franchisee's service area where service is not available, and a schedule for providing service, if applicable;
(e) 
A verified annual financial statement which shall accurately present the franchisee's annual gross revenues for the twelve-month period and all franchise fee payments for the twelve-month period; and
(f) 
Current subscriber manual or handbook and related materials, and any rules and procedures published by the franchisee for I-Net users.
[Ord. 2000-26, 12-4-2000, § 1]
Upon request, the franchisee shall submit copies of any public document issued by or filed with, any federal or state regulatory agencies which are nonroutine in nature that will materially and directly affect the franchisee's cable television operations within the franchise area.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
Franchise Agreement. The franchisee's failure to perform certain obligations under this article or the franchise agreement, or its failure to do so in a timely manner, may result in damage to the Village that is difficult to determine. The franchise agreement may set forth a liquidated sum or sums to be reasonably paid in light of the anticipated loss caused by a breach or failure to perform and, in the event of such breach or failure to perform, the franchisee shall pay such amounts to the Village as liquidated damages.
(b) 
Assessment of Liquidated Damages. Before assessing liquidated damages against the franchisee, the Village shall give written notice to the franchisee, and an opportunity to cure the breach or failure to perform as provided in the franchise agreement. Unless different procedures or time periods are prescribed in the franchise agreement, the procedures and time periods for imposing liquidated damages shall be the same as the procedures set forth herein for determining and remedying franchise violations.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
General. The franchisee shall comply with the requirements of this article and the franchise agreement at all times during the term of its franchise.
(b) 
Material Violations. If the Village has reason to believe that the franchisee has committed a material violation of this article or the franchise agreement, the Village may act to remedy the violation in accordance with the procedures set forth below. A material violation shall include:
(1) 
Construction or operation in the Village or in the public ways of the Village without a required permit, license or authorization.
(2) 
Construction or operation at an unauthorized location.
(3) 
Unauthorized franchise transfer.
(4) 
Material misrepresentation by or on behalf of the franchisee in any application to the Village or in any report or document required to be filed with the Village.
(5) 
Failure to construct, complete, relocate or remove all or any part of the cable system as required by this article or the franchise agreement.
(6) 
Failure to provide the services, facilities or resources required by this article or the franchise agreement.
(7) 
Failure to pay taxes, franchise fees, costs or penalties when and as due the Village.
(8) 
Failure to file required documents, applications or reports, including financial reports, with the Village.
(9) 
Failure to deliver evidence of the franchisee's insurance coverage as specified in Section 48A-26 of this article.
(10) 
Failure to file and maintain with the Village all required bonds.
(11) 
Failure to establish and maintain the security fund required pursuant to Section 48A-24 of this article.
(12) 
Failure to restore any amount withdrawn from the security fund within the time specified in Section 48A-24 of this article.
(13) 
Failure to commence or complete construction within the time specified in the franchise agreement hereof.
(14) 
Systemic failure to comply with the customer service standards as required by Section 48A-55 of this article.
(15) 
Failure to comply with the material provisions of this article.
(16) 
Failure to comply with the material terms of the franchise agreement.
(c) 
Notice of Material Violations. Written notice shall be given to the franchisee setting forth the nature of the material violation and a reasonable period of time for the franchisee to correct the violation. Unless the Village determines that the violation is of such a nature that a lesser period of time is warranted for remedying the violation, the franchisee shall be given 30 days after receipt of such notice to remedy the violation.
(d) 
Answer to Notice of Violations. Within 30 days, or such other period of time specified by the Village in its notice to the franchisee, the franchisee shall respond in writing to the Village:
(1) 
That it contests the Village's notice of violation and requests an opportunity to be heard as provided herein. The franchisee shall submit supporting documentation with its response to the notice.
(2) 
That it contests the Village's notice of violation for the reasons that the violation was beyond the reasonable control of the franchisee and requests an opportunity to be heard as provided herein. The franchisee shall submit supporting documentation with its response to the notice.
(3) 
That the franchisee will remedy the violation within the time specified by the Village in its notice to the franchisee.
(4) 
If the franchisee contends that an extended period of time is reasonably needed to remedy the violation, it shall submit a written request for an extension, together with supporting documentation that the franchisee cannot reasonably remedy the violation within the time period specified by the Village in its notice to the franchisee. The Village shall not unreasonably deny an extension of time to remedy the violation. If the Village grants the extension, the franchisee shall proceed to remedy the violation within the extended time prescribed, provided that the franchisee also informs the Village on a regular basis of the steps being taken to remedy the violation.
(e) 
Hearing. The Village shall give the franchisee not less than 14 days' written notice of the date, time and place of the public hearing to be held before the corporate authorities. At the public hearing, the corporate authorities shall hear and determine the issues and render its findings and its decision. If a hearing officer has been appointed by the Village, the hearing officer shall hear the relevant evidence and shall render a record of the administrative hearing and recommended findings and decision to the corporate authorities.
(f) 
Determination. If the franchisee fails to submit a written response to the Village's notice of violation as provided in Subsection (d) of this section, or if the franchisee fails to remedy the violation within the time period specified by the Village in its notice to the franchisee, or any extensions thereto granted by the Village, or if the corporate authorities are persuaded after a hearing that the franchisee has committed a material violation as provided herein, the corporate authorities may, after giving the franchisee an opportunity to be heard:
(1) 
Order the franchisee to remedy the violation within a reasonable period of time specified by the corporate authorities.
(2) 
Assess liquidated damages against the franchisee in accordance with the franchise agreement.
(3) 
Impose any lesser sanction permitted by the franchise agreement.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
Cause for Revocation and Termination. A franchise granted by the Village pursuant to this article is subject to revocation in the event of any substantial breach of the franchise agreement or default in performance of the franchisee's performance of the franchise. The following events, acts or omissions on the part of the franchisee may be considered cause for revocation of the franchise and termination of the franchise agreement:
(1) 
Failure, after notice and an opportunity to cure, to comply with the material provisions of this article.
(2) 
Failure, after notice and an opportunity to cure, to comply with the material terms of the franchise agreement.
(3) 
Failure to cure material violations of this article or the franchise agreement within a reasonable time after notice from the Village.
(4) 
Material fraud or misrepresentation in obtaining the franchise.
(5) 
Failure to pay taxes, franchise fees, costs or penalties when and as due the Village after notice of the delinquency and an opportunity to cure.
(6) 
Wilful failure to maintain required insurance coverage after notice of the failure and an opportunity to cure.
(7) 
Failure to restore system wide service after 48 consecutive hours of interrupted service, provided the franchisee's failure to restore system wide service is not caused by circumstances or events beyond the franchisee's reasonable control.
(8) 
Insolvency or bankruptcy of the franchisee.
(b) 
Notice of Substantial Breach. Written notice shall be given to the franchisee setting forth:
(1) 
The nature of the substantial breach or default by the franchisee;
(2) 
A written demand that the franchisee correct the violation; and
(3) 
Notice that any failure to correct or remedy the substantial breach or default within 30 days, or such other period of time as may be stipulated in the franchise agreement, may be cause for revocation of the franchise.
(c) 
Answer to Notice of Breach. Within 30 days after the Village's written notice to the franchisee, the franchisee shall respond in writing to the Village, together with documentation in support of its response:
(1) 
That it contests the Village's notice of substantial breach and requests an opportunity to be heard as provided herein.
(2) 
That corrective action has been implemented by the franchisee and the substantial beach or default has been cured.
(3) 
That corrective action has been implemented by the franchisee and is being actively and diligently pursued in accordance with a written corrective action plan to be submitted to the Village.
(d) 
Hearing. If requested by the franchisee, or if the Village is not satisfied that sufficient corrective action is being actively and expeditiously pursued by the franchisee to remedy the substantial breach or default, the Village shall schedule a public hearing to hear and determine the issues and to consider whether sufficient cause exists to revoke the franchise. The Village shall give the franchisee not less than 14 days' written notice specifying the Village's intent to consider the revocation of the franchisee's franchise pursuant to this article, and the date, time and place of the public hearing to be held before the corporate authorities, or a hearing officer appointed by the corporate authorities. If a hearing officer has been designated, the hearing officer shall hear the relevant evidence and shall render a record of the administrative hearing and recommended findings and decision to the corporate authorities.
(e) 
Determination. After hearing the relevant evidence or considering the administrative record of the hearing, the corporate authorities shall determine whether or not a substantial breach or default by the franchisee has occurred, whether it has been cured or a satisfactory corrective action plan has been submitted and is being actively and diligently pursued, and whether cause exists to revoke the franchise. The franchisee shall be given an opportunity to be heard in connection with those issues. If the corporate authorities are persuaded that a substantial breach or default has occurred, the corporate authorities shall consider the nature, circumstances, extent and gravity of the substantial breach or default, as reflected by the following factors, in considering whether some lesser sanction or cure, if any, should be imposed:
(1) 
Whether the conduct was egregious.
(2) 
Whether substantial harm resulted.
(3) 
Whether the violation was intentional.
(4) 
Whether there is a history of prior violations of the same or other requirements.
(5) 
Whether there is a history of overall compliance.
(f) 
Ordinance. If the corporate authorities determine that cause exists to revoke the franchise, it may by ordinance declare the franchisee's franchise to be terminated and revoked, provided that the Village may grant the franchisee an additional period of time to remedy the substantial breach or default before such ordinance is fully effective.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
Nothing in this article shall be construed as limiting any judicial remedies that the Village may have, at law or in equity, for enforcement of this article or of any franchise agreement entered into pursuant to this article.
(b) 
Any person convicted of a violation of any of the provisions of this article shall be fined not less than $100 nor more than $750 for each offense. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
The franchisee shall construct, install, maintain and operate its cable television system so as to protect the privacy rights of each subscriber and user in accordance with the cable act as amended and the FCC rules and regulations promulgated thereunder.
(b) 
No cable line, wire, amplifier, converter, or other piece of equipment owned by the franchisee shall be installed by the franchisee in the subscriber's premises, other than in appropriate easements, without first securing any required consent. If a subscriber requests service, permission to install upon subscriber's property shall be presumed.
[Ord. 2000-26, 12-4-2000, § 1]
All consumer protection and customer service standards shall be as provided by the federal communications commission rules and regulations, 47 CFR 76.309.
[Ord. 2000-26, 12-4-2000, § 1]
(a) 
Eminent Domain. Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the power of the Village to acquire property through the exercise of the right of eminent domain, at a fair and just value; and nothing herein contained shall be construed to contract away or to modify or abridge, whether for a term or in perpetuity, the Village's right of eminent domain.
(b) 
Police Powers. The franchisee's rights are subject to the police powers of the Village to adopt and enforce ordinances as the corporate authorities may deem necessary for the protection of the health, safety and welfare of the public. The franchisee shall comply with all generally applicable laws and ordinances enacted pursuant to that power.
(c) 
Other Legal Rights and Powers. In addition to any rights specifically reserved to the Village by this article, the Village reserves to itself every right and power which is required to be reserved by a provision of this article or the franchise.
(d) 
Right to Make Rules and Regulations. There is hereby reserved to the Village the right to adopt rules and regulations as it shall find necessary or appropriate to implement the terms and conditions of this article; provided, however, that such rules and regulations are within the scope of the obligations imposed by this article and franchise agreements granted pursuant to this article, and do not conflict with the provisions of applicable federal and state laws and regulations. Before any such rules and regulations are adopted, the Village shall give notice to the franchisee and afford the franchisee an opportunity to be heard.
(e) 
Variance. The Village reserves the right to grant variances from the strict application of any provision of this article, except those required by federal or state law, if the Village determines: 1) that it is in the public interest to do so, and 2) that the strict enforcement of such provision will impose an undue hardship on the franchisee. To be effective, such variance shall be evidenced by writing signed by a duly authorized representative of the Village. A variance of any provision in one instance shall not be deemed a variance of such provision in subsequent instances, nor shall it be deemed a variance or waiver of any other provision of this article.
[Ord. 2000-26, 12-4-2000, § 1]
The franchisee shall not refuse to hire or employ, nor shall it bar or discharge from employment, nor discriminate against any person in compensation or in terms, conditions, or privileges of employment because of age, race, creed, color, national origin, or sex. The franchisee shall comply with the provisions of the cable act and Illinois law relating to employment.
[Ord. 2000-26, 12-4-2000, § 1]
The franchisee shall not be relieved of its obligation to comply with any of the provisions of this article or the franchise agreement by reason of any failure of the Village to enforce prompt compliance.
[Ord. 2000-26, 12-4-2000, § 1]
If any section, subsection, sentence, clause, phrase, or provision of this article is for any reason held invalid or unconstitutional as conflicting with any federal, state or local law, rule or regulation now or hereafter in effect by any federal or state court, or administrative or governmental agency of competent jurisdiction, including, but not limited to, the FCC, or is held by such court or agency to be modified in any way to conform to the requirements of any such law, rule or regulation, such provision shall be deemed a separate, distinct and independent part of this article, and such holding shall not affect the validity of the remaining parts of this article, which shall be applied and construed as reasonably as possible in the absence of the invalidated provision.
[Ord. 97-10, 6-2-1997; Ord. 2000-26, 12-4-2000, § 2]
The purpose of this article is to provide specific regulations for the placement, construction and modification of personal wireless telecommunications facilities. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the Village board finds that these regulations are necessary in order to:
(a) 
Facilitate the provision of wireless telecommunications services to the residents and businesses of the Village;
(b) 
Minimize adverse visual effects of towers through careful design and siting standards;
(c) 
Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and
(d) 
Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community.
[Ord. 97-10, 6-2-1997; Ord. 2000-26, 12-4-2000, § 2; Ord. 2015-37, 8-17-2015]
(a) 
The provisions of this article are not intended and shall not be interpreted to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall the provisions of this article be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. To the extent that any provision or provisions of this article are inconsistent or in conflict with any provision of this Code, the provisions of this article shall be deemed to control.
(b) 
In the course of reviewing any request for any approval required under this article made by an applicant to provide personal wireless service or to install personal wireless service facilities, the Plan, Zoning and Development Commission or the Board of Trustees, as the case may be, shall act within a reasonable period of time after the request is duly filed with the Village, taking into account the nature and scope of the request, and any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record.
(c) 
Should the application of this article have the effect of prohibiting a person or entity from providing personal wireless service to all or a portion of the Village, such provider may petition the Board of Trustees for an amendment to this article in the manner provided in Section 1411.10 of the zoning ordinance.
[Ord. 97-10, 6-2-1997; Ord. 2000-26, 12-4-2000, § 2]
The terms "personal wireless service" and "personal wireless service facilities," as used in this article, shall be defined in the same manner as in title 47, United States Code, Section 332(c)(7)(C), as amended now or in the future. Generally, these terms refer to licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public.
[Ord. 97-10, 6-2-1997; Ord. 2000-26, 12-4-2000, § 2]
(a) 
A public utility service use which satisfies the definition of personal wireless service facility shall be considered a special use, whether principal or accessory, where the personal wireless facility is located in one of the following defined areas:
(1) 
That portion of the COS-1 zoning district comprising the Oak Park Country Club lying south of Fullerton Avenue, west of 78th Avenue and north of Armitage Avenue (extended);
(2) 
B-2 districts;
(3) 
R-4 zoning district;
(4) 
The MU-1 zoning district lying north of Grand, west of 76th Avenue and south of Schubert.
(b) 
The proposed facility in these areas shall not require a height variation in the above referenced zoning districts if less than 90 feet in height and if mounted on a freestanding antenna pole, or if the personal wireless service facility is directly affixed to an existing building and the height of the personal wireless service facility does not exceed 15 feet above the roof of an existing building.
(c) 
In all B-1, C-1, and R-3 districts, and the MU-1 districts not specifically listed in Subsection (a) of this section, a public utility service use which satisfies the definition of personal wireless service facility shall be considered a special use, whether principal or accessory, and shall require a height variation for that portion of the height of the personal wireless service facility in excess of the maximum height requirements of the applicable district.
(d) 
In all R-1A, R-1, and R-2 residential districts, and the COS-1 districts not specifically referenced in Subsection (a) of this section, a public utility service use which satisfies the definition of personal wireless service facility shall be considered a special use, whether principal or accessory, and shall require a height variation for that portion of the height of the personal wireless service facility in excess of the maximum height requirements of the applicable district in all R-1A, R-1, R-2 and the COS-1 zoning districts not referenced in Subsection (a) of this section, provided that the facility satisfies the other requirements set forth in this section and is located only in the following locations:
(1) 
Church sites, when camouflaged as a part of steeples or bell towers;
(2) 
Government, school, utility and institutional sites; and
(3) 
Residential sites, but only if it is demonstrated that there is no reasonable alternative for facility locations as set forth in this section.
[Ord. 97-10, 6-2-1997; Ord. 2000-26, 12-4-2000, § 2]
(a) 
The shared use of existing towers and antenna facilities shall be preferred to the construction of new such facilities. The applicant shall submit a report inventorying existing towers and antenna sites within a reasonable distance from the proposed site outlining opportunities for shared use as an alternative to the proposed use.
(b) 
The applicant must demonstrate that the proposed tower or antenna cannot be accommodated on an existing approved tower or facility due to one or more of the following reasons:
(1) 
Unwillingness of the owner to entertain the proposed facility.
(2) 
The planned equipment would exceed the structural capacity of existing and approved towers and facilities, considering existing and planned use for those facilities.
(3) 
The planned equipment would cause interference with other existing or planned equipment, which cannot reasonably be prevented.
(4) 
Existing or approved towers or facilities do not have space on which proposed equipment can be placed so it can function effectively and reasonably.
(5) 
Other reasons make it impracticable to place the equipment proposed by the applicant on existing and approved towers or facilities.
(6) 
The proposed collocation of an existing tower or antenna site would be, by virtue of the requirements in this article, considered a prohibited use.
(c) 
Approval of a proposed antenna to share an existing tower or facility shall be contingent upon the applicant's agreement to pay all costs of adapting an existing facility to a new shared use. These costs can include structural reinforcement, preventing transmission or receiver interference, additional site screening, and other changes required to accommodate shared use.
[Ord. 97-10, 6-2-1997; Ord. 2000-26, 12-4-2000, § 2; Ord. 2015-37, 8-17-2015]
(a) 
The personal wireless service facility otherwise shall conform to all minimum setback and yard requirements of the zoning ordinance, and shall also conform to all applicable federal laws and regulations concerning its use and operation. No public utility service use which satisfies the definition of personal wireless service facility shall be permitted in any zoning district in the Village unless it complies with all applicable federal laws and regulations concerning its use and operation. In addition, no personal wireless facility shall be located between the front lot line and the principal building on the site.
(b) 
In considering a request for approval of a special use or variations to permit the installation of personal wireless service facilities the Plan, Zoning and Development Commission or the Board of Trustees, as the case may be, shall, in addition to other relevant standards for approval, also give due consideration and weight to whether the applicant has sought and been denied the opportunity to collocate its personal wireless service facility on an existing antenna supporting structure.
[Ord. 97-10, 6-2-1997; Ord. 2000-26, 12-4-2000, § 2]
Any personal wireless service facility installed and operating prior to the enactment of this article which would be prohibited under this article shall be considered to be a legal nonconforming use and/or a legal nonconforming structure, as the case may be, and shall be subject to the rules on nonconformities provided in Section 1410 of the zoning ordinance.
[Ord. 97-10, 6-2-1997; Ord. 2000-26, 12-4-2000, § 2]
Proposed or modified towers and antennas shall meet the following design requirements:
(a) 
Commercial wireless telecommunication service towers shall be of a monopole design unless the Village board determines that an alternate design would better blend into the surrounding environment.
(b) 
Towers and antennas shall be designed to blend into the surrounding environment through the use of color or camouflaging architectural treatment, where possible. A tower shall be painted a single, neutral color and shall be well maintained at all times.
(c) 
Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lights are specifically required by a federal or state authority. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.
[Ord. 97-10, 6-2-1997; Ord. 2000-26, 12-4-2000, § 2]
Abandoned or unused towers or portions of towers shall be removed as follows:
(a) 
All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Village Manager. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the Village and the costs of removal assessed against the property.
(b) 
Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new special use permit.
[Ord. 97-10, 6-2-1997; Ord. 2000-26, 12-4-2000, § 2]
No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the Village at least 10 calendar days in advance of such changes and allow the Village to monitor interference levels during the testing process.
[Ord. 97-10, 6-2-1997; Ord. 2000-26, 12-4-2000, § 2]
In addition to the information required elsewhere in this Code, development applications for a wireless telecommunication antenna or tower shall include the following supplemental information:
(a) 
A statement of the applicant's purpose and need.
(b) 
Existing adjacent facilities, including existing and estimated capacities.
(c) 
A site plan including tower and equipment elevations indicating how visual impacts will be minimized.
(d) 
Demonstration from a qualified and licensed professional engineer that alternative locations are unavailable or impractical and that the equipment cannot be mounted on an existing tower.
(e) 
A report from a qualified and licensed professional engineer which:
(1) 
Describes the tower height and design including a cross section and elevation;
(2) 
Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;
(3) 
Describes the tower's capacity, including the number and type of antennas that it can accommodate;
(4) 
Documents what steps the applicant will take to avoid interference with established public safety telecommunications;
(5) 
Includes an engineer's stamp and registration number;
(6) 
Includes any other information necessary to evaluate the request.
(f) 
For all commercial wireless telecommunication service towers and facilities, a letter of intent committing the owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
[Ord. 97-10, 6-2-1997; Ord. 2000-26, 12-4-2000, § 2]
The Village has determined that a uniform policy for reviewing requests from wireless telecommunication providers to place wireless telecommunication antennas and towers on Village owned property is desirable.
(a) 
Priority of Users. Priority for the use of Village owned land for wireless telecommunication antennas and towers will be given to the following entities in descending order:
(1) 
Village of Elmwood Park;
(2) 
Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the Village and private entities with a public safety agreement with the Village;
(3) 
Other governmental agencies, for uses which are not related to public safety; and
(4) 
Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public.
(b) 
Minimum Requirements. The placement of wireless telecommunication antennas or towers on Village owned property must comply with the following requirements:
(1) 
The antennas or tower will not interfere with the purpose for which the Village owned property is intended.
(2) 
The applicant obtains adequate liability insurance and commits to a lease agreement which includes equitable compensation as determined by the Village board for the use of public land and other necessary provisions and safeguards.
(3) 
The applicant will submit a letter of credit, performance bond, or other security acceptable to the Village to cover the costs of the antenna or tower removal.
(4) 
The antenna or tower will not interfere with other users who have a higher priority.
(5) 
Upon reasonable notice, the antenna or tower may be required to be removed at the user's expense.
(6) 
The user must obtain all necessary land use approvals.
(c) 
Village Owned Sites. Village owned sites, except for parks, are potentially available for personal wireless commercial facilities, subject to the above requirements.
(d) 
Application Process. All applicants who wish to locate a wireless telecommunication antenna or tower on Village owned property must submit to the Village Manager a completed application and detailed plan that complies with the submittal requirements of Section 1411.11 of the zoning ordinance regarding special uses along with other pertinent information requested by the Village, and follows the procedures for special uses.
(e) 
Reservation of Right. The Village board reserves the right to deny, for any reason, the use of any or all Village owned property by any one or all applicants.