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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4114 Introduced , by Rep. JoAnn D. Osmond SYNOPSIS AS INTRODUCED:
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Amends the Counties Code. Authorizes the county board or board of county commissioners of any county to regulate the placement, construction, and modification of the facilities of a telecommunications carrier as provided in the federal Telecommunications Act of 1996. In provisions concerning the design of a facility, provides that a telecommunications carrier or AM broadcast station shall abide by (now, consider) the specified guidelines. Removes provisions concerning the placement of a facility, review of permits, improvements and equipment, public hearings, and decisions regarding a facility. Further provides that a permit applicant shall provide performance and restoration assurances for facility removal and site restoration in the event of permanent cessation of use or abandonment. Sets rules concerning the assurances. Makes other changes. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Counties Code is amended by changing Section |
| 5 | | 5-12001.1 as follows:
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| 6 | | (55 ILCS 5/5-12001.1)
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| 7 | | Sec. 5-12001.1. Authority to regulate certain specified |
| 8 | | facilities of a
telecommunications carrier and to regulate, |
| 9 | | pursuant to subsections (a) through (g), AM broadcast towers |
| 10 | | and facilities.
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| 11 | | (a) The Notwithstanding any other Section in this Division, |
| 12 | | the county board or
board of county commissioners of any county |
| 13 | | shall have the power to
regulate the location of the |
| 14 | | facilities, as defined in subsection (c), of a
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| 15 | | telecommunications carrier or AM broadcast station established |
| 16 | | outside the corporate limits of cities,
villages, and |
| 17 | | incorporated towns that have municipal zoning ordinances in
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| 18 | | effect. The power shall only be exercised to the extent and in |
| 19 | | the manner set
forth in this Section.
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| 20 | | (b) The provisions of this Section shall not abridge any |
| 21 | | rights created by
or authority confirmed in the federal |
| 22 | | Telecommunications Act of 1996, P.L.
104-104. The county board |
| 23 | | or board of county commissioners of any county is authorized to |
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| 1 | | regulate the placement, construction, and modification of the |
| 2 | | facilities of a telecommunications carrier as provided for in |
| 3 | | the federal Telecommunications Act of 1996, P.L. 104-104. The |
| 4 | | county board or board of county commissioners may not |
| 5 | | unreasonably discriminate among providers of functionally |
| 6 | | equivalent services and may not prohibit or have the effect of |
| 7 | | prohibiting the provision of telecommunications services as |
| 8 | | provided for in the federal Telecommunications Act of 1996, |
| 9 | | P.L. 104-104.
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| 10 | | (c) As used in this Section, unless the context otherwise |
| 11 | | requires:
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| 12 | | (1) "county jurisdiction area" means those portions of |
| 13 | | a county that lie
outside the corporate limits of cities, |
| 14 | | villages, and incorporated towns that
have municipal |
| 15 | | zoning ordinances in effect;
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| 16 | | (2) "county board" means the county board or board of |
| 17 | | county commissioners
of any county;
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| 18 | | (3) "residential zoning district" means a zoning |
| 19 | | district that is
designated under a county zoning ordinance |
| 20 | | and is zoned predominantly for
residential uses;
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| 21 | | (4) "non-residential zoning district" means the county |
| 22 | | jurisdiction area
of a county, except for those portions |
| 23 | | within a residential zoning district;
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| 24 | | (5) "residentially zoned lot" means a zoning lot in a |
| 25 | | residential zoning
district;
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| 26 | | (6) "non-residentially zoned lot" means a zoning lot in |
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| 1 | | a non-residential
zoning district;
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| 2 | | (7) "telecommunications carrier" means a |
| 3 | | telecommunications carrier as
defined in the Public |
| 4 | | Utilities Act as of January 1, 1997;
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| 5 | | (8) "facility" means that part of the signal |
| 6 | | distribution system used or
operated by a |
| 7 | | telecommunications carrier or AM broadcast station under a |
| 8 | | license from the FCC
consisting of a combination of |
| 9 | | improvements and equipment including (i) one or
more |
| 10 | | antennas, (ii) a supporting structure and the hardware by |
| 11 | | which antennas
are attached; (iii) equipment housing; and |
| 12 | | (iv) ancillary equipment such as
signal transmission |
| 13 | | cables and miscellaneous hardware;
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| 14 | | (9) "FAA" means the Federal Aviation Administration of |
| 15 | | the United States
Department of Transportation;
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| 16 | | (10) "FCC" means the Federal Communications |
| 17 | | Commission;
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| 18 | | (11) "antenna" means an antenna device by which radio |
| 19 | | signals are
transmitted, received, or both;
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| 20 | | (12) "supporting structure" means a structure, whether |
| 21 | | an antenna tower or
another type of structure, that |
| 22 | | supports one or more antennas as part of a
facility;
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| 23 | | (13) "qualifying structure" means a supporting |
| 24 | | structure that is (i) an
existing structure, if the height |
| 25 | | of the facility, including the structure, is
not more than |
| 26 | | 15 feet higher than the structure just before the facility |
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| 1 | | is
installed, or (ii) a substantially similar, |
| 2 | | substantially same-location
replacement of an existing |
| 3 | | structure, if the height of the facility, including
the |
| 4 | | replacement structure, is not more than 15 feet higher than |
| 5 | | the height of
the existing structure just before the |
| 6 | | facility is installed;
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| 7 | | (14) "equipment housing" means a combination of one or |
| 8 | | more equipment
buildings or enclosures housing equipment |
| 9 | | that operates in conjunction with
the antennas of a |
| 10 | | facility, and the equipment itself;
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| 11 | | (15) "height" of a facility means the total height of |
| 12 | | the facility's
supporting structure and any antennas that |
| 13 | | will extend above the top of the
supporting structure; |
| 14 | | however, if the supporting structure's foundation extends
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| 15 | | more than 3 feet above the uppermost ground level along the |
| 16 | | perimeter of the
foundation, then each full foot in excess |
| 17 | | of 3 feet shall be counted as an
additional foot of |
| 18 | | facility height. The height of a facility's supporting
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| 19 | | structure is to be measured from the highest point of the |
| 20 | | supporting
structure's foundation;
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| 21 | | (16) "facility lot" means the zoning lot on which a |
| 22 | | facility is or will be
located;
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| 23 | | (17) "principal residential building" has its common |
| 24 | | meaning but shall not
include any building under the same |
| 25 | | ownership as the land of the facility lot.
"Principal |
| 26 | | residential building" shall not include any structure that |
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| 1 | | is not
designed for human habitation;
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| 2 | | (18) "horizontal separation distance" means the |
| 3 | | distance measured from the
center of the base of the |
| 4 | | facility's supporting structure to the point where
the |
| 5 | | ground meets a vertical wall of a principal residential |
| 6 | | building;
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| 7 | | (19) "lot line set back distance" means the distance |
| 8 | | measured from the
center of the base of the facility's |
| 9 | | supporting structure to the nearest point
on the common lot |
| 10 | | line between the facility lot and the nearest residentially
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| 11 | | zoned lot. If there is no common lot line, the measurement |
| 12 | | shall be made to
the nearest point on the lot line of the |
| 13 | | nearest residentially zoned lot
without deducting the |
| 14 | | width of any intervening right of way; and
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| 15 | | (20) "AM broadcast station" means a facility and one or |
| 16 | | more towers for the purpose of transmitting communication |
| 17 | | in the 540 kHz to 1700 kHz band for public reception |
| 18 | | authorized by the FCC.
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| 19 | | (d) In choosing a location for a facility, a
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| 20 | | telecommunications carrier or AM broadcast station shall |
| 21 | | consider the following:
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| 22 | | (1) A non-residentially zoned lot is the most desirable |
| 23 | | location.
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| 24 | | (2) A residentially zoned lot that is not used for |
| 25 | | residential purposes is
the second most desirable |
| 26 | | location.
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| 1 | | (3) A residentially zoned lot that is 2 acres or more |
| 2 | | in size and is used
for residential purposes is the third |
| 3 | | most desirable location.
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| 4 | | (4) A residentially zoned lot that is less than 2 acres |
| 5 | | in size and is
used for residential purposes is the least |
| 6 | | desirable location.
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| 7 | | The size of a lot shall be the lot's gross area in square |
| 8 | | feet without
deduction of any unbuildable or unusable land, any |
| 9 | | roadway, or any other
easement.
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| 10 | | (e) In designing a facility, a telecommunications carrier |
| 11 | | or AM broadcast station shall at a minimum abide by consider |
| 12 | | the
following guidelines:
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| 13 | | (1) No building or tower that is part of a facility may |
| 14 | | should encroach onto
any recorded easement prohibiting the |
| 15 | | encroachment unless the grantees of the
easement have given |
| 16 | | their approval.
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| 17 | | (2) Lighting shall should be installed for security and |
| 18 | | safety purposes only.
Except with respect to lighting |
| 19 | | required by the FCC or FAA, all lighting should
be shielded |
| 20 | | so that no glare extends substantially beyond the |
| 21 | | boundaries of a
facility.
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| 22 | | (3) No facility may should encroach onto an existing |
| 23 | | septic field.
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| 24 | | (4) Any facility located in a special flood hazard area |
| 25 | | or wetland shall should
meet the legal requirements for |
| 26 | | those lands.
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| 1 | | (5) Existing trees more than 3 inches in diameter shall |
| 2 | | should be preserved if
reasonably feasible during |
| 3 | | construction. If any tree more than 3 inches in
diameter is |
| 4 | | removed during construction a tree 3 inches or more in |
| 5 | | diameter of
the same or a similar species shall be planted |
| 6 | | as a replacement if reasonably
feasible. Tree diameter |
| 7 | | shall be measured at a point 3 feet above ground
level.
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| 8 | | (6) If any elevation of a facility faces an existing, |
| 9 | | adjoining
residential use within a residential zoning |
| 10 | | district, low maintenance
landscaping shall should be |
| 11 | | provided on or near the facility lot to provide at least
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| 12 | | partial screening of the facility. The quantity and type of |
| 13 | | that landscaping
shall should be in accordance with any |
| 14 | | county landscaping regulations of general
applicability, |
| 15 | | except that paragraph (5) of this subsection (e) shall |
| 16 | | control
over any tree-related regulations imposing a |
| 17 | | greater burden.
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| 18 | | (7) Fencing shall should be installed around a |
| 19 | | facility. The height and
materials of the fencing shall |
| 20 | | should be in accordance with any county fence
regulations |
| 21 | | of general applicability.
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| 22 | | (8) Any building that is part of a facility located |
| 23 | | adjacent to a
residentially zoned lot shall should be |
| 24 | | designed with exterior materials and colors
that are |
| 25 | | reasonably compatible with the residential character of |
| 26 | | the area.
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| 1 | | (9) A facility shall provide additional capacity for at |
| 2 | | least 2 additional carriers' antennae, equipment housing, |
| 3 | | and ancillary equipment. |
| 4 | | (f) The following provisions shall apply to all facilities |
| 5 | | established in
any county jurisdiction area (i) after the |
| 6 | | effective date of the amendatory Act of
1997 with respect to |
| 7 | | telecommunications carriers and (ii) after the effective date |
| 8 | | of this amendatory Act of the 94th General Assembly with |
| 9 | | respect to AM broadcast stations:
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| 10 | | (1) (Blank). Except as provided in this Section, no |
| 11 | | yard or set back
regulations shall apply to or be required |
| 12 | | for a facility.
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| 13 | | (2) (Blank). A facility may be located on the same |
| 14 | | zoning lot as one or more other
structures or uses without |
| 15 | | violating any ordinance or regulation that prohibits
or |
| 16 | | limits multiple structures, buildings, or uses on a zoning |
| 17 | | lot.
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| 18 | | (3) (Blank). No minimum lot area, width, or depth shall |
| 19 | | be required for a facility,
and unless the facility is to |
| 20 | | be manned on a regular, daily basis, no
off-street parking |
| 21 | | spaces shall be required for a facility. If the facility is
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| 22 | | to be manned on a regular, daily basis, one off-street |
| 23 | | parking space shall be
provided for each employee regularly |
| 24 | | at the facility. No loading facilities
are required.
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| 25 | | (4) (Blank). No portion of a facility's supporting |
| 26 | | structure or equipment housing
shall be less than 15 feet |
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| 1 | | from the front lot line of the facility lot or less
than 10 |
| 2 | | feet from any other lot line.
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| 3 | | (5) (Blank). No bulk regulations or lot coverage, |
| 4 | | building coverage, or floor area
ratio limitations shall be |
| 5 | | applied to a facility or to any existing use or
structure |
| 6 | | coincident with the establishment of a facility. Except as |
| 7 | | provided
in this Section, no height limits or restrictions |
| 8 | | shall apply to a facility.
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| 9 | | (6) (Blank). A county's review of a building permit |
| 10 | | application for a facility
shall
be completed within 30 |
| 11 | | days. If a decision of the county board is required to
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| 12 | | permit the establishment of a facility, the county's review |
| 13 | | of the application
shall be simultaneous with the process |
| 14 | | leading to the county board's decision.
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| 15 | | (7) (Blank). The improvements and equipment comprising |
| 16 | | the facility may be wholly
or partly freestanding or wholly |
| 17 | | or partly attached to, enclosed in, or
installed in or on a |
| 18 | | structure or structures.
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| 19 | | (8) (Blank). Any public hearing authorized under this |
| 20 | | Section shall be conducted in
a manner determined by the |
| 21 | | county board. Notice of any such public hearing
shall be |
| 22 | | published at least 15 days before the hearing in a |
| 23 | | newspaper of
general circulation published in the county. |
| 24 | | Notice of any such public hearing shall also be sent by |
| 25 | | certified mail at least 15 days prior to the hearing to the |
| 26 | | owners of record of all residential property that is |
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| 1 | | adjacent to the lot upon which the facility is proposed to |
| 2 | | be sited.
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| 3 | | (9) (Blank). Any decision regarding a facility by the |
| 4 | | county board or a county
agency
or official shall be |
| 5 | | supported by written findings of fact. The circuit court
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| 6 | | shall have jurisdiction to review the reasonableness of any |
| 7 | | adverse decision
and the plaintiff shall bear the burden of |
| 8 | | proof, but there shall be no
presumption of the validity of |
| 9 | | the decision. |
| 10 | | (10) Thirty days prior to the issuance of a building |
| 11 | | permit for a facility necessitating the erection of a new |
| 12 | | tower, the permit applicant shall provide written notice of |
| 13 | | its intent to construct the facility to the State |
| 14 | | Representative and the State Senator of the district in |
| 15 | | which the subject facility is to be constructed and all |
| 16 | | county board members for the county board district in the |
| 17 | | county in which the subject facility is to be constructed. |
| 18 | | This notice shall include, but not be limited to, the |
| 19 | | following information: (i) the name, address, and |
| 20 | | telephone number of the company responsible for the |
| 21 | | construction of the facility; (ii) the name, address, and |
| 22 | | telephone number of the governmental entity authorized to |
| 23 | | issue the building permit; and (iii) the location of the |
| 24 | | proposed facility. The applicant shall demonstrate |
| 25 | | compliance with the notice requirements set forth in this |
| 26 | | item (10) by submitting certified mail receipts or |
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| 1 | | equivalent mail service receipts at the same time that the |
| 2 | | applicant submits the permit application.
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| 3 | | (11) The permit applicant shall provide, concurrent |
| 4 | | with the building permit application for a new facility, |
| 5 | | performance and restoration assurances for facility |
| 6 | | removal and site restoration in the event of the facility's |
| 7 | | permanent cessation of use or abandonment. Such |
| 8 | | assurances, in the form of a cash bond or irrevocable |
| 9 | | letter of credit, shall be sufficient to cover 100% of the |
| 10 | | cost of (i) dismantling and removal of the facility as |
| 11 | | defined herein in addition to any co-locate equipment, |
| 12 | | equipment housing, and other ground-based improvements, |
| 13 | | and (ii) corresponding housing site stabilization. |
| 14 | | (g) The following provisions shall apply to all facilities |
| 15 | | established (i) after
the effective date of this amendatory Act |
| 16 | | of 1997 with respect to telecommunications carriers and (ii) |
| 17 | | after the effective date of this amendatory Act of the 94th |
| 18 | | General Assembly with respect to AM broadcast stations in the |
| 19 | | county jurisdiction
area of any county with a population of |
| 20 | | less than 180,000:
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| 21 | | (1) A facility is permitted if its supporting structure |
| 22 | | is a qualifying
structure or if both of the following |
| 23 | | conditions are met:
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| 24 | | (A) the height of the facility shall not exceed 200 |
| 25 | | feet, except that
if a facility is located more than |
| 26 | | one and one-half miles from the corporate
limits of any |
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| 1 | | municipality with a population of 25,000 or more the |
| 2 | | height of
the facility shall not exceed 350 feet; and
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| 3 | | (B) the horizontal separation distance to the |
| 4 | | nearest principal
residential building shall not be |
| 5 | | less than the height of the supporting
structure; |
| 6 | | except that if the supporting structure exceeds 99 feet |
| 7 | | in height,
the horizontal separation distance to the |
| 8 | | nearest principal residential
building shall be at |
| 9 | | least 100 feet or 80% of the height of the supporting
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| 10 | | structure, whichever is greater. Compliance with this |
| 11 | | paragraph shall only be
evaluated as of
the time that a |
| 12 | | building permit application for the facility is |
| 13 | | submitted. If
the supporting structure is not an |
| 14 | | antenna tower this paragraph is satisfied.
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| 15 | | (2) Unless a facility is permitted under paragraph (1) |
| 16 | | of this subsection
(g), a facility can be established only |
| 17 | | after the county board gives its
approval following |
| 18 | | consideration of the provisions of paragraph (3) of this
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| 19 | | subsection (g). The county board may give its approval |
| 20 | | after one public
hearing on the proposal, but only by the |
| 21 | | favorable vote of a majority of the
members present
at a |
| 22 | | meeting held no later than 75 days after submission of a
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| 23 | | complete application by the telecommunications carrier. If |
| 24 | | the county board
fails to act on the application within 75 |
| 25 | | days after its submission,
the application shall be deemed |
| 26 | | to have been approved. No more than one public
hearing |
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| 1 | | shall be required.
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| 2 | | (3) For purposes of paragraph (2) of this subsection |
| 3 | | (g), the following
siting considerations, but no other |
| 4 | | matter, shall be considered by the county
board or any |
| 5 | | other body conducting the public hearing:
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| 6 | | (A) the criteria in subsection (d) of this Section;
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| 7 | | (B) whether a substantial adverse effect on public |
| 8 | | safety will result
from some aspect of the facility's |
| 9 | | design or proposed construction, but only if
that |
| 10 | | aspect of design or construction is modifiable by the |
| 11 | | applicant;
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| 12 | | (C) the benefits to be derived by the users of the |
| 13 | | services to be
provided
or enhanced by the facility and |
| 14 | | whether public safety and emergency response
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| 15 | | capabilities would benefit by the establishment of the |
| 16 | | facility;
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| 17 | | (D) the existing uses on adjacent and nearby |
| 18 | | properties; and
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| 19 | | (E) the extent to which the design of the proposed |
| 20 | | facility reflects
compliance with subsection (e) of |
| 21 | | this Section.
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| 22 | | (4) On judicial review of an adverse decision, the |
| 23 | | issue shall be the
reasonableness of the county board's |
| 24 | | decision in light of the evidence
presented on the siting |
| 25 | | considerations and the well-reasoned recommendations
of |
| 26 | | any other body that conducts the public hearing.
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| 1 | | (h) The following provisions shall apply to all facilities |
| 2 | | established
after the effective date of this amendatory Act of |
| 3 | | 1997 in the county
jurisdiction area of any county with
a |
| 4 | | population of 180,000 or more that has not adopted an ordinance |
| 5 | | to exercise the powers granted in Division 5-12 or Division |
| 6 | | 5-13. A facility is
permitted in any zoning district subject to |
| 7 | | the following:
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| 8 | | (1) A facility shall not be located on a lot under |
| 9 | | paragraph (4) of
subsection (d) unless a variation is |
| 10 | | granted by the county board under
paragraph
(4) of this |
| 11 | | subsection (h).
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| 12 | | (2) Unless a height variation is granted by the county |
| 13 | | board, the height
of a facility shall not exceed 75 feet if |
| 14 | | the facility will
be located in a residential zoning |
| 15 | | district or 200 feet if the facility will be
located in a |
| 16 | | non-residential zoning district. However, the height of a
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| 17 | | facility may
exceed the height limit in this paragraph, and |
| 18 | | no height variation shall be
required, if the supporting |
| 19 | | structure is a qualifying structure.
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| 20 | | (3) The improvements and equipment of the facility |
| 21 | | shall be placed to
comply
with the requirements of this |
| 22 | | paragraph at the time a building permit
application for the |
| 23 | | facility is submitted. If the supporting structure is an
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| 24 | | antenna tower other than a qualifying structure then (i) if |
| 25 | | the facility will
be located in a residential zoning |
| 26 | | district the lot line set back distance to
the
nearest |
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| 1 | | residentially zoned lot shall be at least 50% of the height |
| 2 | | of the
facility's supporting structure or (ii) if the |
| 3 | | facility will be located in a
non-residential zoning |
| 4 | | district the horizontal separation distance to the
nearest |
| 5 | | principal residential building shall be at least equal to |
| 6 | | the height of
the facility's supporting structure.
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| 7 | | (4) The county board may grant variations for any of |
| 8 | | the regulations,
conditions, and restrictions of this |
| 9 | | subsection (h), after one public hearing
on the
proposed |
| 10 | | variations held at a zoning or other appropriate committee |
| 11 | | meeting with proper notice given as provided in this |
| 12 | | Section, by a favorable vote of a majority of the members |
| 13 | | present
at a meeting held no later than 75 days after |
| 14 | | submission of an application by
the telecommunications |
| 15 | | carrier. If the county board fails to act on the
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| 16 | | application within 75 days after submission, the |
| 17 | | application shall be deemed to
have been approved. In its |
| 18 | | consideration of an application for variations,
the county
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| 19 | | board, and any other body conducting the public hearing, |
| 20 | | shall consider the
following, and no other matters:
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| 21 | | (A) whether, but for the granting of a variation, |
| 22 | | the service that the
telecommunications carrier seeks |
| 23 | | to enhance or provide with the proposed
facility will |
| 24 | | be less available, impaired, or diminished in quality, |
| 25 | | quantity,
or scope of
coverage;
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| 26 | | (B) whether the conditions upon which the |
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| 1 | | application for variations is
based are unique in some |
| 2 | | respect or, if not, whether the strict application of
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| 3 | | the regulations would result in a hardship on the |
| 4 | | telecommunications carrier;
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| 5 | | (C) whether a substantial adverse effect on public |
| 6 | | safety will result
from
some aspect of the facility's |
| 7 | | design or proposed construction, but only if that
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| 8 | | aspect of design or construction is modifiable by the |
| 9 | | applicant;
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| 10 | | (D) whether there are benefits to be derived by the |
| 11 | | users of the
services to
be provided or enhanced by the |
| 12 | | facility and whether public safety and emergency
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| 13 | | response capabilities would benefit by the |
| 14 | | establishment of the facility; and
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| 15 | | (E) the extent to which the design of the proposed |
| 16 | | facility reflects
compliance with subsection (e) of |
| 17 | | this Section.
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| 18 | | No more than one public hearing shall be required.
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| 19 | | (5) On judicial review of an adverse decision, the |
| 20 | | issue shall be the
reasonableness of the county board's |
| 21 | | decision in light of the evidence
presented and the |
| 22 | | well-reasoned recommendations of any other body that
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| 23 | | conducted the public hearing.
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| 24 | | (i) Notwithstanding any other provision of law to the |
| 25 | | contrary, 30 days prior to the issuance of any permits for a |
| 26 | | new telecommunications facility within a county, the |
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| 1 | | telecommunications carrier constructing the facility shall |
| 2 | | provide written notice of its intent to construct the facility. |
| 3 | | The notice shall include, but not be limited to, the following |
| 4 | | information: (i) the name, address, and telephone number of the |
| 5 | | company responsible for the construction of the facility, (ii) |
| 6 | | the address and telephone number of the governmental entity |
| 7 | | that is to issue the building permit for the telecommunications |
| 8 | | facility, (iii) a site plan and site map of sufficient
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| 9 | | specificity to indicate both the location of the parcel where
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| 10 | | the telecommunications facility is to be constructed and the
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| 11 | | location of all the telecommunications facilities within that
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| 12 | | parcel, and (iv) the property index number and common address
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| 13 | | of the parcel where the telecommunications facility is to be
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| 14 | | located. The notice shall not contain any material that appears |
| 15 | | to be an advertisement for the telecommunications carrier or |
| 16 | | any services provided by the telecommunications carrier. The
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| 17 | | notice shall be provided in person, by overnight private
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| 18 | | courier, or by certified mail to all owners of property within
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| 19 | | 250 feet of the parcel in which the telecommunications carrier
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| 20 | | has a leasehold or ownership interest. For the purposes of this
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| 21 | | notice requirement, "owners" means those persons or entities
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| 22 | | identified from the authentic tax records of the county in
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| 23 | | which the telecommunications facility is to be located. If,
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| 24 | | after a bona fide effort by the telecommunications carrier to
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| 25 | | determine the owner and his or her address, the owner of the
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| 26 | | property on whom the notice must be served cannot be found at
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| 1 | | the owner's last known address, or if the mailed notice is
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| 2 | | returned because the owner cannot be found at the last known
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| 3 | | address, the notice requirement of this paragraph is deemed
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| 4 | | satisfied. |
| 5 | | (Source: P.A. 96-696, eff. 1-1-10; 97-242, eff. 8-4-11; 97-496, |
| 6 | | eff. 8-22-11; revised 9-28-11.)
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| 7 | | Section 99. Effective date. This Act takes effect upon |
| 8 | | becoming law.
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