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A First Reading and Potential Approval of an Ordinance Amending Chapter 22 (“Streets and Sidewalks”), Article 14 (“Small Wireless Facilities”) of the Oak Park Village Code for the Regulation of Small Cell Wireless Facilities
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Introduction
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This amendment to the Village’s Code updates the Code to be consistent with recent changes in the State Law regulating small cell wireless facilities to require additional documentation for permit reviews and increases the annual license fee to the revised maximum amount of $270 per year per small cellular installation.
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Recommended Action
Adopt the Ordinance.
Prior Board Action
The Board has taken the following prior actions:
• The Village Board Approved the Annual Building and Construction Permit Fees and Zoning Application Fees of the Village of Oak Park on September 30, 2025 (ORD-25-176).
• On July 23, 2018 the Board adopted an Ordinance providing for the regulation of and application for small wireless facilities by amending Chapter 22 (“Street and Sidewalks”) of the Oak Park Village Code to add a new Article 14 (“Small Wireless Facilities”) (ORD 18-393).
Background
This Ordinance amends the Oak Park Village Code to be consistent with recently adopted State Laws regarding the regulation of small cell wireless facilities and the associated permit fees.
In 2018, the State adopted the Small Wireless Facilities Deployment Act (50 ILCS 840/1 et seq.) “Act” which regulates the deployment of 5G wireless technology to support wireless access, broadband internet, and 911 services. The Act specifies and places limits on how municipalities can regulate the permitting and installation of small cell equipment, even when attached to village-owned infrastructure, typically light poles. Following the adoption of the Act, the Village established a new code to be consistent with the Act.
In 2021 (Public Act 102-0009) and in 2024 (Public Act 103-0601), the State amended the Act. The 2021 amendments included: revisions allowing municipalities the ability to require certification that any new, replacement, or modified small cell facilities meet all applicable U.S. FCC Standards; increased alternate location locations from 100 to 200 feet from the originally requested location; and requirements for private utilities for accommodating small cell facilities on their equipment (typically telephone/power poles). The 2024 amendment allowed municipalities to increase the annual rate that can be charged for attachments of small cell equipment to Village poles from $200 to $270 per year.
This amendment updates the Village code to be consistent with these changes in State Law for these items.
Timing Considerations
Adoption of the Ordinance at this time will allow for the Village to increase regulation regarding small cells and charge additional fees for small cell equipment on Village light poles.
Budget Impact
There is no specific budget impact associated with this item. There will be a nominal increase in fees collected for the annual rate for the attachment of small cell equipment to Village light poles from $200 per year to $270 per year.
Staffing Impact
There is no staffing impact associated with this item. The item aligns with the department’s core service delivery.
DEI Impact
There is no DEI impact associated with this item.
Community Input
There has been no community input given in relation to this item.
Staff Recommendation
Adopt the Ordinance for updating Village Code.
Advantages:
• This action will align Village Code with State Law
• This action can result in increased revenues for the Village.
Disadvantages:
• There are no disadvantages to this item.
Alternatives
Alternative 1:
The Board can delay action to gain additional information.
Advantages:
• Board Members would be presented with the additional information they requested.
Disadvantages:
• There are no disadvantages to this action.
Alternative 2:
The Board can vote down the item.
Advantages:
• There are no advantages to this action.
Disadvantages:
• Village Code will be inconsistent with State Law
• This action can result in decreased revenues for the Village.
Anticipated Future Actions
Revised fees for the annual fee to collocate a small wireless facility on a Village-owned pole will be updated from $200 to $270/each/year with the annual Ordinance Establishing Building and Construction Permit Fees and Zoning Application Fees later this year.
Various Amendments to license agreements with small cell vendors to include updated costs and language to be consistent with updated State Law and Village Code will be presented to the Village Board at various times later this year.
Prepared By: Bill McKenna, Village Engineer/Assistant Public Works Director
Reviewed By: Rob Sproule, Public Works Director
Approved By: Kevin J. Jackson, Village Manager
Attachment(s):
1. Ordinance