Loading...
O-98-30ORDINANCE NO. 0 -98 -3 0 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO PROVIDE FOR REGULATION OF TELECOMMUNICATIONS FACILITIES Published in pamphlet form this 6th day of J 1 j V ,1"S by the President and rd of- Trustees of Deerfield. ORDINANCE NO. 0 -98 -3 0 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO PROVIDE FOR REGULATION OF TELECOMMUNICATIONS FACILITIES WHEREAS, providers of telecommunication services have from time to time presented proposals for the location of telecommunication facilities at various locations within the Village of Deerfield; and WHEREAS, the telecommunications industry includes various types of technology requiring varying types of installations at different locations within the Village of Deerfield to effectively deliver telecommunication services; and WHEREAS, the Village of Deerfield as a home rule municipality is permitted by the provisions of the Telecommunications Act of 1996 governing telecommunications providers to regulate the installation of telecommunication facilities through the application of the Village Zoning Ordinance; and WHEREAS, the Village of Deerfield desires to regulate the location and installation of telecommunication facilities within its corporate limits, to identify those areas which are suitable for various types of telecommunication facilities and to provide procedures to facilitate the site selection process. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS AS FOLLOWS: SECTION That a new Article 2A be included as part of the Zoning Ordinance of ONE the Village of Deerfield, as amended, as follows: 2 The Deerfield Zoning Ordinance adopted in 1979 is hereby amended by the enactment of a new Article 2A which shall be known and may be cited as the Wireless Telecommunication Service Facilities Ordinance, to read as follows: ARTICLE 2A TELECOMMUNICATION SERVICE FACILITIES 2A.00 Preamble/Purposes. The purposes of this Ordinance are to: 1. Provide for the appropriate location and development of TCSF to serve the citizens and businesses of the Village; 2. Minimize adverse visual impacts of TCSF through careful design, siting, landscape screening and innovative camouflaging techniques; 3. Maximize the use of existing TCSF so as to minimize the need to construct new TCSF; 4. Maximize and encourage the use of disguised support structures and lesser input facilities so as to ensure the architectural integrity of all areas within the Village in which TCSF are located or are to be located; 5. Encourage the location of TCSF in non - residential areas; 6. Minimize the total number of TCSF throughout the Village. 7. Strongly encourage the co -use of new and existing TCSF and lesser impact facilities. 8. Encourage users of TCSF to locate same, to the extent possible, in areas where the adverse impact on the Village is minimal. 9. Enhance the ability of the providers of telecommunications services to provide such services to the Village quickly, effectively, and efficiently. 2A.01 Definitions. As used in this Article 2A the following terms shall have the following meanings: Antenna: Any device or array that transmits and/or receives electromagnetic signals for voice, data or video communication purposes including, but not limited to television, AM/FM radio, microwave, cellular telephone and similar forms of communications, but excluding satellite earth stations less than six (6) feet in diameter, any receive -only home television antennas and any antenna supported by a structure not greater than sixty (60) feet in height which is owned and operated by an amateur radio operator licensed by the FCC. 2. Antenna Support Structure: Any structure designed and constructed for the support of antennas, including any tower or disguised support structure, but excluding those support structures not greater than sixty (60) feet in height owned and operated by an amateur radio operator licensed by the FCC. For purposes of this Article the term antenna support structure shall also include any related and necessary cabinet or shelter. Applicant: Any person, entity, association, partnership, corporation, trust, or title holder (as hereinafter defined) making application to the Village for the siting, construction, installation, or modification of tele- communication service. facilities. The applicant shall include the telecommunication service provider and the titleholder of the property which is the subject of the application. 4. Buildiniz: A structure, other than a residence or residential facility , not constructed primarily for the support of antennas but which may be utilized for such purpose in accordance with the provisions of this Article. 5. Cabinet: A casing or console, not to include a shelter, used for the protection and security of communications equipment associated with one or more antennas, where direct access to equipment is provided from the exterior and the horizontal dimensions of which do not exceed four (4) feet by six (6) feet. 6. Co -Use: The location and use of two (2) or more antennas on a single antenna support structure. 7. Director: The Director of Community Development of the Village of Deerfield or his or her authorized designee. 8. Disguised Support Structure (DSSI: Any free standing, man -made structure designed for the support of one or more Antenna, the presence of which is camouflaged or concealed as an architectural or natural feature. Such structures may include, but are not limited to, clock towers, campaniles, water towers, 4 artificial trees, light standards, or similar alternative design mounting structures that camouflage or conceal the presence of TCSF. 9. FAA: The Federal Aviation Administration. 10. FCC: The Federal Communications Commission. 11. Free Standing Tower: A tower designed and constructed to stand alone on its own foundation and free of architectural or supporting frames or attachments, including but not limited to self - supporting (lattice) towers and monopoles. 12. Height: The vertical distance measured from the base of a structure at ground level to its highest point, including the main structure and all attachments thereto. 13. IEPA: Illinois Environmental Protection Agency. 14. Lesser Impact Facilit. These facilities have antennas which are mounted on the roof deck of an existing building, or are installed on the existing building in a concealed fashion. The equipment required for such a facility would be located within the building on which the antenna is mounted, on the roof deck on the building, or on the ground adjacent to building. 15. Shelter: A structure for the protection and security of communications equipment associated with one or more antenna where access to equipment is gained from the interior of the structure. 16. TCSF : The collective use of the terms antenna, antenna support structure, cabinet, disguised support structure, free standing tower, shelter and tower to describe telecommunication service facilities. 17. Title Holder: The Trust holding title to the property upon which the TCSF is located, the beneficial owner of such Trust, the person with the power of direction over such Trust, or any other person or entity holding title to the property upon which the TCSF is located or the designated representative or agent of any of the foregoing. 18. Tower: A structure designed for the support of one or more antennas, including self - supporting (lattice) towers, monopoles or other free standing towers, but not disguised support structures, buildings or lesser input facilities. . 19. Villa e: The Village of Deerfield, an Illinois home -rule municipality. 5 2A.02 Applicability. Except as otherwise stated in this Article 2A, TCSF located on Property owned, leased, licensed, or otherwise controlled by the Village shall be exempt from the requirements of this Article 2A, provided however, that a written lease or license authorizing the siting, construction, installation or modification of such TCSF on property owned, leased, licensed or otherwise controlled by the Village shall have been first approved by the Village. 2A.03 Special Policies 2A.03 -A Site Selection. TCSF sites on property owned or controlled by Village are preferred. 2. TCSF shall not be sited in any of the Village's zoning districts on any property which is used residentially. 3. Subject to the requirement as set forth for TCSF, locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening are preferred for the siting of TCSF. 4. TCSF must be architecturally and visually (color, bulk, size) compatible with surrounding existing buildings, structures, vegetation, and/or uses in the area or those likely to exist under the regulations of the underlying zoning district. TCSF must be located to minimize any adverse effect they may have on neighboring property values. 6. TCSF must be located to avoid a dominant silhouette on ridge lines. 7. Preservation of view corridors of surrounding residential areas must be considered. 2A.03 -B General Criteria and Preferences. Buildiniz Codes and Safety Standards. To ensure the structural integrity of TCSF, the owner or operator of same shall ensure they are maintained in compliance with the standards contained in all applicable Village codes, including, but not limited to, the Building Code, and the applicable standards for TCSF that are published by the Electronic Industries Association, as amended from time to time. The more stringent of the codes shall apply. If, upon inspection, the Director concludes that a TCSF fails to comply with any one or more of such codes and standards and constitutes a danger to person or property, then upon notice being R provided to the owner or operator of the TCSF and to the title holder of the property upon which the TCSF is located, the owner, operator or title holder shall have thirty (30) days to bring such TCSF into compliance with such standards. If the owner, operator or title holder fails to bring such TCSF into compliance within said thirty (30) days, the village may cause such TCSF to be removed at the expense of the owner, operator or title holder, as the case may be. 2. Re u� latory Compliance. All TCSF must meet the current standards and regulations of the IEPA, if applicable, FAA, the FCC, and any other agency of the state or federal government with the authority to regulate TCSF. If such standards and regulations are changed, then the,owners or operators of the TCSF governed by this ordinance shall bring such TCSF into compliance with such revised standards and regulations within one hundred twenty(120)days of the effective date of such change in standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. Failure to bring TCSF into compliance with such revised standards and regulations shall constitute grounds for the removal of the TCSF at the expense of the owner, operator or title holder, as the case may be. All Applicants for installation of TCSF must provide the Director of Community Development Department with a certificate of compliance from each agency, federal or otherwise, having jurisdiction over the owner or operator for the siting, construction, installation or modification of the TCSF that the TCSF meets current standards and regulations of the IEPA, if applicable, the FAA, the FCC, or any other agency of the state or federal government with authority to regulate TCSF. 3. Securitv. All TCSF shall be protected from unauthorized access by appropriate security devices. A description of proposed security measures shall be provided as part of any application to site, construct, install or modify TCSF. Additional measures may be required as a condition of the issuance of any building permit as deemed necessary by the Director. 4 Lighting. TCSF shall not be lighted unless required by the FAA or other federal or state agency with authority to regulate TCSF, in which case a description of the required lighting scheme must be made a part of the application for the siting, construction, installation or modification of TCSF. 5. Advertising. Siting, construction or installation of advertising on TCSF is prohibited. 7 6. ID Plate. All TCSF equipment which is located at grade shall have the name of the provider and an emergency phone number (non- business hours) either lettered directly on the equipment or on a plate attached to the equipment. (1) The overall area of this sign shall not exceed two square feet. (2) Said sign must be appropriately located to provide information to emergency service provider and the Village. 7. Fire and Police Review. No TCSF antenna, antenna support structure, related electronic equipment and equipment enclosure shall be authorized unless the Police Department and the appropriate Fire Department having jurisdiction have issued a letter indicating that the location of all of the above will not impede the provision of emergency services to the property or the Village as a whole and the proposed location is acceptable. 8. Utility Services. All utility service lines required for the operation of a TCSF shall be installed under ground or, if not feasible, shall be installed in such a manner so as to create the least visual impact possible. 9. Compliance with Plans. Every TCSF antenna and antenna support structure shall comply with all plans approved by the Village. 10. Limited to Applicant. Every ordinance granting approval of a special permit for a free - standing TCSF antenna or antenna support structure shall state that any assignment or transfer of the special permit or any rights thereunder may be made only with the approval of the Board of Trustees. 11. Term Limitation. Every ordinance granting approval of a Special Use permit for a TCSF antenna or antenna support structure may provide that: (1) where the provider is not the owner of the land on which such antenna or structure is located, the term of the special permit is limited to the term of the lease or other agreement granting rights to use the land; and (2) the special permit shall be subject to review by the Board of Trustees, at ten -year intervals, to determine whether the technology in the provision of wireless services has changed such 0 that the necessity for the special permit at the time of its approval has been eliminated or modified, and whether the special permit should be modified or terminated as a result of any such change. 12. Equipment Enclosures All electronic and other related equipment and appurtenances necessary for the operation of any TCSF shall, whenever possible, be located within a lawfully pre- existing structure on a roof deck, inside of the principal building on the property, or completely below grade. When a new structure is required to house such equipment, such structure shall be harmonious with, and blend with, the natural features, buildings, and structures surrounding such structure. Such a new structure shall not exceed fifteen (15) feet in height except as otherwise provided. 2A.03 -C Miscellaneous. 1. Vehicle or outdoor storage on the site of any TCSF is prohibited. 2. Temporary on -site parking for periodic maintenance and service shall be provided at all locations of TCSF. Any TCSF no longer used for its original purpose shall be removed at the expense of the owner, operator or title holder. The owner or operator and applicable co- users, if any, shall provide the Village with a copy of any notice to the FCC of intent to cease operations and shall have ninety (90) days from the date of ceasing operations to remove the TCSF and any related facilities. In the case of Co -Use, this provision shall not become effective until all users cease operations. Any TCSF not in use for a period of one hundred Twenty (120) days shall be deemed a public nuisance and may be removed by the Village at the expense of the owner, operator or title holder. 4. Any application for a TCSF shall include information on how the proposed site fits into the Applicant's overall telecommunications network in the Village and surrounding areas within a two (2) mile radius of the corporate limits of Deerfield. 5. Prior to the issuance of a building permit for the siting, construction, installation or modification of TCSF pursuant to a Special Use permit, the Village requires that the owner or operator must post a letter of credit acceptable to the Village as attached hereto in order to ensure the faithful performance of all conditions required of the owner or operator, including, but not limited to, the removal of the TCSF. 9 6. On the first day of January of each year after a building permit is issued for a TCSF, each owner or operator of a TCSF must provide the Director of Community Development Department with a certificate of continuing compliance from each agency, federal or otherwise, having jurisdiction over the owner or operator for the continued operation of the TCSF that the TCSF meets the standards and regulations of the IEPA, if applicable, the FAA, the FCC, or any other agency of the state or federal government with authority to regulate TCSF. 7. In the event that the owner or operator either refuses to obtain a certificate of compliance in accordance with the above or the certifying agency is unable to issue a certificate because of non - compliance, the owner or operator shall immediately cease provision of services until compliance is achieved. 8. If the owner or operator is not able to achieve compliance as described within one hundred (100) days from the date a certificate of continuing compliance is due, then and in that event, the owner, operator or title holder shall cause the TCSF to be removed, at its expense, from the siting location within thirty (30) days thereafter. If the TCSF is not removed, the Village shall have the option to remove same in accordance with the above. 9. If the owner or operator does not file a certificate of continuing compliance within thirty (30) days from the date set forth above it shall be conclusively presumed that the owner or operator is not in compliance with the standards and regulations of the IEPA, if applicable, the FAA, the FCC, or any other agency of the state or federal government with authority to regulate TCSF. 10. TCSF shall be governed by the above provisions and shall not be considered "Exempted Uses" as governed by Article 2.07. 2A.04 Free Standing TCSF 2A.04 -A Siting Free standing telecommunication antennas shall be located on lawfully pre- existing antenna support structures or other lawfully pre- existing antenna support structures wherever possible. No special use permits authorizing construction of a new antenna support structure or addition to or expansion of an existing antenna support structure or existing building or structure shall be authorized unless the applicant is able to demonstrate that no lawfully pre- existing building 10 or structure is available, on commercially reasonable terms, and sufficient for the location of an antenna necessary for the provision of personal wireless services. 2A.04 -B I -1, I -213. and C -2 districts. In the I -1 Office, Research, Restricted Industrial District, the I -2B Outlying Industrial District, and C -2 Outlying Commercial District free - standing TCSF may only be approved in accordance with the following: 1. Free - standing TCSF may not be located on any properties or buildings which are used for residential purposes. 2. Free - standing TCSF may only be established as a secondary use of the property on which it is to be located. Free - standing TCSF may only be located on those properties which abut the railroad right -of -way, the Tollway Spur right -of -way, or the Tollway right -of- way. 4. Such facilities may only be located on those properties for which a Special Use for a Planned Unit Development has been granted. 5. Setback and location a. Free - standing TCSF may only be located in those portions of the perimeter setback which abut the railroad right -of -way, the Tollway Spur right -of -way, or the Tollway right -of -way. b. Such facilities shall be set back from adjacent properties which are not part of the Planned Unit Development in which the facility is to be located a distance equal to the required perimeter setback plus one foot for every foot of height of the free - standing tower. C. Where the property on which the TCSF is to be located abuts residentially zoned and used land, the tower shall be set back from such land a minimum distance equal to the required perimeter setback plus a distance equal to 300 percent of the height of the tower. 6. The maximum height of a free - standing TCSF may not exceed 100 feet as measured from the base of the facility, except as may be otherwise authorized in accordance with Article 2A.04 -D, Co- Use/Free Standing TCSF and/or it is satisfactorily demonstrated that it is technologically unfeasible for the system to operate within the permitted height. 11 2A.04 -C Public Lands District. Free standing TCSF shall only be allowed pursuant to a Special Use in the P -1 District. Village -owned lands shall be exempt from provisions contained in this ordinance. 2. Free - standing TCSF may only be established as the secondary use of the property on which it is to be located. 3. The maximum height of a free - standing TCSF may not exceed 60 feet as measured from the base of the facility unless the facility is to be a co -use facility and/or it is satisfactorily demonstrated that it is technologically unfeasible for the system to operate within the permitted height. 4. TCSF shall be painted a neutral color consistent with the natural or built environment of the area surrounding the site. 2A.04 -D Co- use/Free- standing TCSF Unless otherwise authorized by the Board of Trustees for good cause shown, every freestanding TCSF antenna support structure shall be designed, constructed and installed to be of a sufficient size and capacity to allow the location of additional antennas or at least one additional provider in the future. Any special permit for such a support structure may be conditioned upon the agreement of the applicant to allow co- location of other providers on commercially reasonable terms specified in such special permit. All Applicants for a Special Use to allow for a siting, construction, installation or modification of a free - standing TCSF shall: a. Submit a notarized statement agreeing to make the proposed TCSF available for use by other telecommunications providers, subject to reasonable technical limitations. b. Furnish an inventory of all known TCSF and potential building sites located within one -half mile of the proposed TCSF, identifying the owner of same as well as the TCSF type and reference name or number, if applicable, and the street location, height, type and mounting height of existing antennas and an assessment of available space for the placement of additional antennas, shelters and/or cabinets. The Applicant shall further 12 demonstrate that request has been made for co -use of each existing building or TCSF from the owner thereof and /or shall indicate why such co -use is inappropriate or was otherwise not allowed. C. The Applicant shall demonstrate how the proposed site fits into the Applicant's overall telecommunications network in the Village and surrounding communities within a two (2) mile radius thereof. 2. Prior to the adoption of the ordinance authorizing the Special Use for the siting, construction, installation or modification of TCSF the Applicant shall: a. Notify in writing any other known potential telecommunication service providers in the area that the structure is available for co- use. Copies of said notices and proof of mailing must be placed on file with the Village. b. The notice shall allow potential co -users thirty (30) days within which to express any interest in co -use, during which time the Applicant shall not commit to a design for the structure which precludes co -use, and the Village shall not adopt the Special Use ordinance. 3. The willful and knowing failure of an Applicant to agree to co -use or to negotiate in good faith with potential co -users may be cause for cause for either the denial of a pending application, the revocation of an existing, Special Use, and/or the withholding of future permits. 4. A free - standing TCS antenna support structure may be constructed or modified to exceed height limitations to accommodate co -use, provided however, that the Applicant may request an extension of twenty (20) additional feet per co -user, whether actual or anticipated, up to a limit of forty (40) additional feet. The Village may also require the Applicant of new construction to exceed the applicable height limitation, regardless of whether a co -user is immediately available to share space with the Applicant. Dgsaj n. a. Guyed Towers and lattice work towers are prohibited 13 b. Human occupancy in a shelter for office or other uses or storage of materials and equipment not in direct support of TCSF is prohibited. C. TCF shall be painted a neutral color consistent with the natural or built environment of the area surrounding the site. d Shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the area surrounding the site, and other reasonable design guidelines as may be applicable. e. Screening TCF which are located on the ground shall be surrounded by a landscape strip of not less than ten (10) feet in width and planted with materials which will provide a visual barrier to a minimum height of six (6) feet. Said landscaping strip shall be exterior to any security fencing. In lieu of the required landscape strip, a minimum of six (6) foot high decorative fence or wall may be approved upon demonstration by the Applicant that an equivalent degree of visual screening is achieved. f. Color. Every free - standing TCSF antenna shall be of neutral colors that are harmonious with, and blend with, the natural features, buildings and structures surrounding such antenna and antenna support structures. g. Protection against Climbing_ Every TCSF antenna and antenna support structure shall be protected against unauthorized climbing or other access by the public. 2A.05 Disguised Support Structures (DSS) 2A.05 -A Disguised support structures shall be permitted as a Special Use in all districts on property which is not used residentially, except that such facilities are prohibited in the C -1, Village Center District and the C -3, Limited Commercial District. Village owned land shall be considered exempt. 2A.05 -B The minimum setback for a DSS from the property line shall be that required for principal structures in the applicable zoning district, plus three (3) feet for every one (1) foot in height of the DSS unless otherwise authorized. 2A.05 -C DSS may only be established as a secondary use of the property on which it is to be located. 14 2A.05 -D The maximum height of a DSS may not exceed the following: On those properties which are zoned P -1, Public Lands District or are residentially zoned but are not residentially used the maximum height may not exceed sixty (60) feet as measured from the base of the structure unless the facility is to be co -use facility and/or it is satisfactorily demonstrated that it is technologically unfeasible for the system to operate within the permitted height. All Village owned properties zoned P -1, Public Lands District shall be considered exempt. 2. On those properties which are zoned C -2, Outlying Commercial District, I -1, Office, Research, Restricted Industrial District, or I -213, Outlying Limited Industrial District the maximum height allowed for DSS may not exceed 100 feet as measured from the base of the facility, except as otherwise authorized by Article 2A.04 -D. 2A.05 -E Guyed towers and lattice towers are prohibited. 2A.06 Lesser Impact Facilities (LIF) The Village strongly encourages the use of LIF whenever technologically possible. 2A.06 -A Lesser impact facilities (LIF) shall be considered a permitted use in the C -2, Outlying Commercial District, the I -1, Office, Research, Restricted Industrial District, and the I -213, Outlying Limited Industrial District. LIF may not be constructed on any property or building which is used for residential purposes. 2A.06 -B LIF shall be permitted in the C -1, Village Center District, the C -3, Limited Commercial Office District, the P -1, Public Lands District, and on those properties which are zoned residentially but are used for non - residential purposes when authorized as a Special Use only. Those properties which are owned by the Village which are zoned P -1, Public Lands District are exempt. LIF may not be constructed on any property or building which is used for residential purposes. 2A.06 -C LIF may only be established as a secondary use of the property or building on which it is located. 2A.06 -D Lesser impact facilities antennas attached to a building shall be of a color identical to or closely compatible with the surface to which they are mounted. 15 2A.06 -E Antennas mounted on buildings must be made to appear as unobtrusive as possible. Such antennas may be located on the roof no closer than ten (10) feet from the edge of the building and must be painted a color consistent with the natural or built environment of the site. 2A.06 -F Antennas mounted on the roof deck of a building or on a penthouse or other similar structure located on the roof deck may not extend more than twenty (20) feet above the deck. Antennas may extend more than twenty (20) feet above the deck if approved as a Special Use. 2A.06 -G Antennas Roof mounted antennas shall be located on a pre - existing building and shall conform with the following unless otherwise provided in this ordinance: 1. Omnidirectional or whip antennas shall not exceed six (6) inches in diameter and twelve (12) feet vertically; and 2. Directional or panel antennas shall not exceed three (3) feet horizontally and six (6) feet vertically. 2A.06 -F Equipment Enclosures and Support Structures. All electronic and other related equipment and appurtenances necessary for the operation of any TCS antenna shall be located within the pre- existing building on which the antenna is located. 2. If it is demonstrated that it is not feasible to locate the equipment within the building, said equipment may be mounted on the roof deck of the pre- existing building on which the antenna is mounted. a. All such equipment and antenna support structures shall be shielded from view from any point located off the zoning lot on which the building is located to the greatest extent possible b. All roof mounted equipment and support structures shall be of neutral colors that are harmonious with, and that blend with the natural features, buildings and structures surrounding such antenna and antenna support structures. However, directional or panel antennas and omnidirectional or whip antennas located on the exterior of the building that will also serve as an antenna support structure shall be of colors that match, and cause the antenna to blend with, the exterior of the building. 16 3. If it is demonstrated that it is not feasible to locate the equipment within the building or on the building, the equipment may be located on the ground adjacent to the building in the least conspicuous location possible from the front of the property. a. All equipment which is to be located in accordance with the above shall be of neutral colors that are harmonious with, and that blend with the natural features, buildings, and structures surrounding such equipment. The colors should match and cause the equipment to blend with the exterior of the building. b. In no event may the equipment located adjacent to the building exceed the height of the building. C. Screening. All equipment which is located at grade shall be screened in accordance with requirements. 17 ORDINANCE NO. 0-98- AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO PROVIDE FOR REGULATION OF TELECOMMUNICATIONS FACILITIES SECTION That the Village Clerk is hereby directed to publish this Ordinance in TWO pamphlet form. SECTION That this Ordinance shall be in full force and effect from and after its THREE passage, approval and publication as provided by law. AYES: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0 ) ABSENT: Ehlers (1) PASSED: This 6th day of July A.D., 1998 APPROVED: This 6th day of July A.D., 1998 ATTEST: VILLAGE CLERK VILLAGE PRESIDENT 18