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The proposed project is located at the northwest corner of Main Street and Hillside Avenue and would encompass the former Giesche Shoe site and the Village owned parking lot at 418 - 424 N. Main Street, along with the portion of the lot that extends to Glenwood Avenue.
The Main Street parking lot is one of the key opportunity sites identified in the 2001 Comprehensive Plan and the 2009 Downtown Strategic Plan. Both plans recommend mixeduse commercial and residential development of the Main Street parking lot portion of the site. While neither of these plans incorporate the Giesche property into their recommendation, the property was not available when the abovementioned long-range plans were drafted.
The market study conducted as part of the 2009 Downtown Strategic Plan recommends that the Village add a minimum of 450 new dwelling units to the downtown to support the existing businesses and increase the vitality of the central business district. The 2013 Streetscape and Parking Study also recommends that the Village partner with a developer to construct a parking garage in the downtown through a public private partnership, rather than constructing a standalone garage, to maximize the Village’s opportunities and reduce Village construction costs. The study identified the Main Street parking lot as one of three preferred sites to incorporate a parking structure as part of a private development on the south side of the tracks. The proposed project would meet these and a number of other goals outlined in the Village’s various long-term plans.
The Giesche Shoe store closed in 2014, leading to a vacant site for the last five years. Since that time, four prospective developments have been proposed for the site. Other than the current proposal, none of the prior projects proceeded past the conceptual planning stage
The total vacancy for downtown street level commercial space in 2018 was 14.92 percent. However, with proposed developments at both the McChesney and Giesche properties, the vacancy percentage in the downtown would be reduced to 4.51 percent.
In May 2018, the Glen Ellyn Plan Commission conducted a pre-application meeting. 2 This public meeting was open to residents and businesses to attend. Even though preapplication meetings are not required to be noticed to the public, property owners within 350 feet of the site were notified of the meeting. Notifications of the pre-application meeting were also included in the Village’s e-newsletter, social media channels, website and downtown electronic sign. The Village also collaborated with the Chamber of Commerce and the Downtown Alliance to share the notice with their members. The meeting offered an opportunity to provide feedback prior to formal submittals to the Village.
Information on the public hearing (originally scheduled for December 6, 2018 and rescheduled for Monday, January 7, 2019) was publicized in a number of avenues including the public notice printed in the Daily Herald newspaper, press releases to the media, as well as again through the Village’s social media channels, e-newsletter, website and downtown electronic sign. The Village mailed notice to taxpayers of record within 350 feet of the property and placed a Public Hearing sign on the property. In addition, the Village worked closely with the Chamber of Commerce and the Downtown Alliance to communicate all meetings and information to the business community.
Similar outreach methods were employed before the Village Board meeting to consider the Preliminary Planned Unit Development, the Plan Commission meeting to consider the Final Planned Unit Development, and the Village Board meeting to consider the Final Planned Unit Development.
This is a transit oriented development which includes 107 luxury apartment units on the second through fifth floors. Transit oriented developments (TOD’s) are common in many suburban downtowns due to proximity to train stations and convenient businesses. Units will include a mix of studio to two bedroom luxury apartment with expected rents ranging from $1,770 to $3,326 per month. The developer has the ability to convert one bedroom units to two bedroom units if demand is higher for larger units. The units are being constructed to allow conversion to condos units if desired in the future. The building will feature several common spaces including a rooftop pool, barbeque area, party room (with a shared kitchen), fitness and yoga room, conference rooms and a golf simulator.
The Village has a generous supply of single-family housing, affordable apartments and condominiums. The Village does not currently have an available supply of luxury apartments. These units will have high quality finishes and could be easily converted to condominiums in the future, if appropriate. This type of housing is attractive primarily to seniors and millennials and would add diversity to the Village’s housing stock.
No. In 2002, Mid-America proposed a multi-story senior living development on the Main Street Parking Lot property only. Mid-America ultimately decided not to move forward with the project and withdrew their application. In 2014, Opus Development proposed a 5-story apartment building with first-floor commercial and structured parking, very similar to the Apex 400 project. Opus never formally submitted an application to request approval of the project. After 3 years, they decided they did not want to pursue the project further. These plans indicate that this property is best suited for a mixed-used development at a similar size and scope of what is being proposed by the developer. The market has shown that the development community believes that a multi-story structure is suited for the site based on location, demand and potential for financial success.
The project will provide 8,844 square feet of first floor commercial space. The new commercial space included in this development will add commercial space meeting today’s commercial tenant expectations, in addition to meeting the current standards for building and fire safety codes. This new commercial space would potentially invite new uses to locate downtown.
Currently, the Main Street parking lot include a total of 122 spaces; 80 metered spaces available for public use and 42 parking spaces for permit parking only. The Apex 400 project will provide 137 public parking spaces on the first floor of the garage. While the project will result in the elimination of 22 on-street parking stalls (18 on Hillside and 4 on Main), 9 new parallel parking spaces are expected to be installed on Hillside as part of the CBD streetscape project. As seen in the chart below, the result will be a net gain of 2 public parking spaces.
Once construction begins, the developer anticipates completing the structure within six months to be available for public use. In the meantime, the Village is working on a short-term parking plan to accommodate downtown parking needs.
While the developer will own the property during the construction of the parking garage and building, once complete, the Village will resume ownership in perpetuity of the first floor parking garage which will include the 137 public parking spaces.
There will be three access points for public parking, including entrances off of Main Street, Hillside Avenue and Glenwood Avenue. This increase over the two existing access/entry points to the Village surface parking lot will improve circulation and vehicle distribution to the surrounding road network. Residential access to the second floor of parking would only be accessible from Hillside Avenue.
In this particular location (C5A zoning district), the developer is not required to provide parking for the commercial or residential components of the project. However, the Village has requested that the developer exceed the Village’s requirements by not only replacing the existing public parking, but also providing parking for the residents of the development. The proposed public and residential parking exceeds Village requirements and ensures that there is no net loss of public parking in the downtown as a result of the project. Adding more public parking would add more height and bulk to the project.
Yes, a traffic impact study was conducted with conservative estimates based in part on higher traffic counts on Main Street because of ongoing construction projects on Park Boulevard and Taylor Street this past summer. It is expected that the traffic generated by the development will be low, with approximately 38 vehicles entering the site and 31 vehicles leaving the site during the busiest traffic hour of the day. The Village’s traffic consultant agrees with the findings of the traffic impact study submitted by the developer’s consultant. The findings show that the existing roadway network is adequate to accommodate the additional traffic expected to be generated by the development. While delays would continue to be experienced when gates are down for train activity, vehicular traffic delays at intersections are projected to increase by only a few seconds following the completion of the development.
While the initial traffic counts were performed over the summer prior to school starting, the Village required the traffic to be recounted after St. Petronille’s children were back to school. The traffic study took into account the traffic generated by the school, including both motorists and pedestrians.
Although there are several two to three story buildings adjacent to or across the street from the site at heights of 36 to 51 feet, a four story building is what the Zoning Code allows on the site. As part of the approval for the planned unit development, the developer is seeking a deviation from the height limitation to allow a five story building. The development was initially proposed to be 65 feet at its highest points (at the building corners due to an architectural cornice feature). However, the developer reduced the maximum height of the building to below 61 feet just prior to Village Board approval of the Preliminary PUD plans. The northeast corner of the building along Main Street will now be 54 feet above the pavement and the southeast corner of the building will be 47 feet above the pavement due to the 6-foot change in elevation across the site. There are several apartment developments on the periphery of the downtown core that are five to seven stories tall. The height of some taller nearby buildings are as follows: St. Petronille = 119 feet, Glen Ellyn Bible Church = 62 feet, Civic Center = 95 feet.
The Village is requiring that the Developer replace the existing parking on site to maintain public parking on the property as a convenience for downtown businesses and their customers. The entire ground level of the property will be reserved for public parking. The public parking component of the project, although essential, is also the main reason that a deviation is necessary since the ground level public parking will have a 14-foot clear height. If this important public parking level were eliminated, the height deviation would be reduced to 1 or 2 feet.
Most every special use and planned unit development petition involves requests for multiple types of deviations or variations. Since planned unit developments promote progressive development of land by encouraging more creative design for developments than is possible under the more conventional zoning regulations, relief from multiple sections of the code are common. The planned unit development provisions are intended to allow greater design flexibility than is normally permitted by the district regulations. Special uses are uses that, because of their unique character, cannot be properly classified in any particular district or districts without an evaluation of the specific use in the particular location. Therefore, special uses also regularly require relief from a number of zoning provisions. Granting relief from the 6 Village’s codes is legal and often found with PUDs. It does not violate the Village’s Zoning Code.
Comparing the size of the former Giesche building to the proposed Apex 400 building is not an equitable comparison because the entire Apex 400 project site is more than 3 ½ times the size of the Giesche Shoe property. Buildings in the C5A zoning district are allowed to be constructed to the lot lines. The purpose of the C5A zoning district is to allow for high density development in a compact area for the purpose of increasing downtown residents and patrons.
The proposed building meets several criteria of the Village’s Design Guidelines including, but not limited to the following:
A computer generated sun study was conducted by the developer. The sun study shows what time of day Main Street will be in complete shadow with a 45 foot building (permitted height) versus a 65 foot building (proposed height). The proposed building as opposed to a permitted height building one-story shorter, would reduce sunlight on Main Street by 30-40 minutes in the evening, depending upon the season.
The Giesche store contained approximately 15,000 square feet of sales area on two floors and the Apex 400 building will provide approximately 8,840 square feet of first floor commercial space. However, the proposed commercial space will be constructed to meet the needs of current commercial clients with safety features, efficient layouts and amenities that are 7 sought after by today’s business tenants. It is expected that the proposed businesses will generate an increase in sales tax revenue to the Village and provide contemporary retail space to meet the needs of new retail tenants.
The Developer is projected to spend $41M on this project and is seeking $1.36M total over five years in Tax Increment Financing (TIF) incentives in addition to the Main Street Parking lot, valued at $1.845M. The reconstruction and expansion of the public parking lot at an estimated cost of $3M is also a financial benefit to the public and will be Village owned once the improvements are complete. The Developer will also improve the streetscape on these blocks of the downtown in conformity with the new streetscape design to be completed soon.
The project is projected to generate $7.3M of increment to the Village after incentives are paid out over the life of the TIF. The project would grow the Equalized Assessed Value (EAV) and benefit all taxing districts once the TIF expires, generating approximately $700K in property taxes by the end of the TIF. The Village’s consultant has vetted the developers proforma and believes the estimated return on costs of approximately 6.5 percent is reasonable given that market return on cost benchmarks are near 7 percent.
Patients who get sick with COVID-19 develop mild to severe respiratory illness with symptoms of:
Many common illnesses can cause these same symptoms. COVID-19 can only be diagnosed at a public health laboratory. Individuals who have these symptoms and have traveled to China or have had close contact with someone with COVID-19 should be seen by a doctor or medical professional.
CDC believes at this time that symptoms of COVID-19 may appear in as few as 2 days or as long as 14 days after exposure.
Although the virus that causes COVID-19 probably emerged from an animal source, it is thought to spread mainly from person-to-person via respiratory droplets produced when an infected person coughs or sneezes. People are thought to be most contagious when they are most symptomatic (the sickest). How easily a virus spreads from person-to-person can vary. Some viruses are highly contagious (like measles), while other viruses are less so. Another factor is whether the spread is sustained. The virus that causes COVID-19 seems to be spreading easily and sustainably in Hubei province and other parts of China. In the U.S., spread from person-to-person has occurred only among a few close contacts and has not spread any further to date.
There is no specific medicine to treat COVID-19 infection at this time, though studies are underway. People sick with COVID-19 should receive supportive care from a health care professional. Supportive care means care to help relieve symptoms; for example, medicine to bring down fevers, or oxygen if a patient’s oxygen level is low.
Diagnosis occurs through laboratory testing of respiratory specimens and serum (blood). Some coronavirus strains cause the common cold and patients tested by their health care provider may test positive for these types. The COVID-19 strain can only be detected at a public health laboratory.
CDPH recommends avoiding travel to China. Chinese officials have closed transport within and out of Wuhan and other areas in Hubei Province, including buses, subways, trains, and the international airport. Additional restrictions and cancellations of events may occur. For travel advice for other countries, please visit that country’s Destination Page or CDC’s Travel Health Notice website.
If you have been in China or have been exposed to someone sick with COVID-19 in the last 14 days, you will face some limitations on your movement and activity. Please follow instructions during this time. Your cooperation is integral to the ongoing public health response to try to slow spread of this virus.
Municipal aggregations are groups of customers, or entire communities that unite to pool, or aggregate their energy buying power. By pooling buying power and negotiating terms with a supplier other than the traditional utility, a municipal aggregation program can often provide more favorable terms for its participants, such as the procurement of Renewable Energy Certificates and /or a civic contribution for the municipality. ComEd is still responsible for delivering that power to your home, responding to outages, and billing you for electricity.
Headquartered in Chicago, Illinois, Eligo Energy is a licensed electricity supplier in the states of Illinois, Maryland, Michigan, Massachusetts, New York, Ohio, Pennsylvania, New Jersey, Texas, the District of Columbia, and Connecticut. We offer residential and business customers green products and an opportunity to save on their electrical costs by choosing us as their electricity supplier.
ComEd will continue to fully service your account, and any service interruption or relocation questions should still be addressed to ComEd. If you should ever need to contact Eligo you can email us at email@example.com, call us at (312) 262-6656, or refer to this website and FAQs. Our customer service group is available 8:00am to 6:00pm Monday thru Friday.
All eligible customers will be served at ComEd’s residential Price to Compare ("PTC") + Purchased Electricity Adjustment ("PEA"). See how it works here. The ComEd PTC changes several times a year. Please visit the website provided here periodically to find your ComEd Summer (June - September) and Non-Summer (October – May) rates. ComEd’s PEA may change monthly by plus/minus 0.5 cents.
The impact of the aggregation program is environmental. This program promotes renewable energy, a clean environment, and creates jobs for American citizens. As part of the program, the Village will receive Renewable Energy Certificates ("RECs") from midwestern renewable energy resources to match the aggregation’s residential and small commercial electricity load. Your utility bill will remain the same other than Eligo matching ComEd’s pricing on energy supply. You will continue to receive a single bill, make one payment, and continue to receive all other services through ComEd.
Renewable Energy Certificates ("RECs") are proof that electricity was generated from renewable electricity and was fed into the shared electrical grid. Renewable Energy Certificates provide a mechanism for the purchase of renewable energy that is added to and pulled from the electrical grid. 1 REC = 1 MWh of electricity (1,000 kWh).
If you are chosen to be supplied by Eligo based on your electricity usage profile, Eligo’s rate will take effect within your October 2020 billing cycle, depending on your meter read date.
Your electricity bill generally has several cost components – distribution and supply. The aggregation program changes only the supply component of your bill -- and, in this case, the price will continue to track ComEd’s. All other components of the bill will not be affected. As part of the program, the Village will receive Renewable Energy Certificates ("RECs") from renewable energy to match the aggregation’s residential and small commercial electricity load.
Yes, you will be billed exactly as you always have been by ComEd and will receive one monthly bill for all charges. The only difference you’ll see on your electric bill is that Eligo Energy will be listed on the supply portion of your bill.
If you are a ComEd customer, generally, ComEd will not impose any switching fee for participating in an aggregation program. If you are on Retail Energy Supply, and your current provider imposes an early termination fee, please file a complaint with the Illinois Commerce Commission. As of January 2020, Retail Energy Suppliers are no longer permitted to charge early termination fees from residential and small commercial customers.
Residential or small commercial customers located in the Village of Glen Ellyn may participate. Eligible Customers will be placed on Supplier service or Tariffed Service based on Supplier’s criteria, such as, for example, the customer’s usage patterns and wholesale market conditions. Eligible Customers will be assessed the same price and will continue to receive monthly invoice statements from ComEd without regard to whether they are served by Supplier or ComEd. Customers enrolled in real time pricing, Power Smart Pricing, electric space heat rate, or served by an alternative retail electric supplier may also be eligible but are not automatically enrolled. If you are in one of these programs or with a different supplier, you will need to review your pricing and contractual obligations in order to determine which options are available to you at this time. You may always call Eligo Energy with any eligibility questions at (312) 262-6656.
A "Small Commercial Customer" is a retail customer with an annual electricity consumption of less than 15,000 kilowatt-hours.
The Glen Ellyn Aggregation Program is an opt-out program. That means that there is nothing you need to do to enroll. You will automatically be included in the aggregation program, unless you choose not to participate and opt-out. Qualifying Glen Ellyn residents who previously opted-out of the program, recently moved to the Glen Ellyn community, or are receiving service from another supplier may still enroll in the program. To enroll, call Eligo Energy at (312) 262-6656. Please have your utility account number for enrollments.
No. Although the Glen Ellyn Aggregation Program is designed to provide green energy through REC offsets for you, residents and small businesses that do not want to participate can opt-out without penalty. To opt-out, return the opt-out form attached to the opt-out letter you have received, call Eligo at (312) 262-6656, or email Eligo at GlenEllynOptOut@eligoenergy.com.
You may leave the program at any time without incurring any early termination fees.
Yes, you may request to join the program by calling Eligo Energy at (312) 262-6656 for enrollment information.
Before enrolling in the aggregation program, you should compare the Glen Ellyn aggregation rate to the rate you are currently paying for electric supply to determine if you would benefit from participation in the aggregation. You should review the terms and conditions associated with your current electric supply or contact your current electric supplier to determine if there are any penalties or fees associated with an early termination of your current electric supply agreement. Call Eligo Energy at (312) 262-6656 for information about how to switch to the green rate negotiated on your behalf by the Village of Glen Ellyn. Your present Retail Energy Supplier may no longer impose termination fees, as of January 2020.
Before enrolling in the aggregation program, you should evaluate how the aggregation compares to your existing ComEd hourly service. Aggregation pricing is designed to match ComEd’s non-hourly residential rates. Your hourly pricing is different and potential savings from the aggregation depend on your actual hourly use patterns. Accordingly, any potential savings from the aggregation compared to your current utility hourly service may vary from customer to customer. You should also review the terms and conditions applicable to your ComEd hourly service. The terms and conditions of ComEd hourly service may prevent you from joining the program at this time. Additional information to help you evaluate your supply options can be found on the Illinois Commerce Commission’s website.
Net Metering customers may forfeit credits for electric supply service, delivery service, or both, if they switch to the Aggregation Supplier. Additional information to help you evaluate your supply options can be found on the Illinois Commerce Commission’s website.
Yes, nothing will change in terms of receiving your electricity or any customer service. ComEd will continue to read your meter, service your account and send you one bill each month. You will continue to contact ComEd for any billing or service questions or if your power ever goes out.
ComEd will remain responsible for the delivery of the electricity. All service and billing questions will continue to be directed to ComEd. To contact ComEd, please call 800-334-7661.
No, you can stay on the budget-billing plan.
Yes, the way you pay your ComEd bill will not change.
No one from Eligo Energy or the Village of Glen Ellyn will ever visit your home to sign you up for electricity services or call you to enroll. If someone calls or visits your home, that person is not from the Government Aggregation program and is likely trying to get you to switch to another Retail Electricity Supplier that is NOT a part of the Village of Glen Ellyn Aggregation.
Residents of municipalities that enrolled in aggregation programs in the State of Illinois are not reporting any negative issues. Moreover, this is a green program at no extra cost to the residents or the Village, which also includes a civic grant to the Village.
Please see the Environmental Disclosure Statement and Terms and Conditions.
For information on volunteering with the Fire Department, please visit our "Join the Company" page.
Fire incident report requests should be directed to the Village of Glen Ellyn via the Freedom of Information Act (FOIA) form. EMS reports & medical billing questions are handled by Paramedic Billing Services (630-530-2988.)
Please visit the Village of Glen Ellyn web page for instructions on how to purchase, install, or update a Knox Box for your property. Instructions are linked to the following address on the Village page https://www.knoxbox.com/Support/Instructions.
The Glen Ellyn Police Department offers free child safety seat inspections conducted by a certified technician. This service is by appointment only and takes approximately 30 minutes to complete. If you are interested in making an appointment, please contact the Glen Ellyn Police Department at 630-469-1187 or email Community Service Officer Rose Volpe.
The Village's office hours are Monday through Friday, 8 a.m. to 4:30 p.m.
Yes. Please visit the Make an Online Payment page.
Please visit our Vehicle Registration page for information.
Yes. Federal safety regulations enforced by the Federal Communications Commission govern both radiation frequency exposure limits (47 CFR §1.1310) and effective radiated power limits (47 CFR §22.913).
Radiation frequency exposure limits measure the specific absorption rate (SAR) in human tissue resulting from the operation of a radio signal at a given frequency for a particular duration. These rules also define how to measure the SAR for a particular antenna.
Effective radiated power (ERP) limits directly limit the power emitted from radio antennas operated for cellular services. It is important to note that these regulations describe both a base ERP limit and an elevated ERP limit for which an operator can qualify depending on the environment where the antenna is located. These rules also define how to measure the ERP for a particular antenna.
Under Federal law, routine environmental evaluation for RF exposure is required for transmitters, facilities or operations that are included in certain categories of facilities. These categories include equipment used for cellular communication when the facility is installed below 10 meters above ground level to the lowest point of antenna and the total power of all channels is greater than 1000 W ERP.
Yes. Under Federal law, there is an express preemption provision in 47 U.S.C. §§ 253(a), (d), authorizing the FCC to pre-empt "any [local] statute, regulation, or legal requirement" that "may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service." Likewise, as described in 47 U.S.C. § 332 (c) (7), Congress intended that the FCC have exclusive jurisdiction over disputes regarding RF emissions. See N.Y. SMSA Ltd. P’ship v. Town of Clarkstown, 603 F. Supp. 2d 715 (S.D. NY 2009). In the Clarkstown case, the Court found, “a town plainly may not impose separate, stricter certification requirements for wireless technology than those set forth by the FCC.
Federal law has preempted the field of technology authorization and station licensing, and there is no room for state and local authorities to regulate in these areas.”
No. Even under the most restrictive form of the Governor’s Executive Order, “essential infrastructure” was exempt from the Stay at Home requirements. Essential Infrastructure was defined to include, “internet, video, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services).” Based on this language, the on-going deployment of small cell antennas by telecommunications carriers did not violate the former Executive Orders and is permitted to continue.
Next, we can look at State and Federal telecommunications law. The FCC has interpreted Federal law to hold the deadline for final action on permit applications may expire notwithstanding a putative moratorium. In other words, if the Village fails to take final action before the “shot clock” expires, it is subject to legal challenge and the corresponding expenses. For the State, we look at the Illinois Small Wireless Facilities Deployment Act, 50 ILCS 840/1, et seq. The Act is the State law which governs how local governments license or permit the erection of small wireless facilities within their jurisdiction. The Act does not permit a local government to adopt a moratorium, which is a temporary or permanent refusal to accept applications for permits. The Act provides for a strict timeline by which a local government must normally review and respond to a permit application. For example, within 30 days after receiving an application, the Village must determine whether the application is complete. Additionally, an application to collocate a small wireless facility must be processed within 90 or 120 days, depending on whether a new utility pole will be erected. The Act does permit the Village to delay action on permit applications in limited circumstances, including a local, State, or federal disaster declaration or similar emergency that causes the delay. 50 ILCS 840/15(d)(10)(B).
Based on the information provided above, here is a summary of how small wireless device construction can continue during the pandemic:
A) Carriers who already have permits may perform construction to exercise the rights granted by those permits;
B) Carriers may continue to submit applications for new small wireless facility installations;
C) The Village will exercise its authority to review the applications under its locally adopted regulations which are not inconsistent with the Act; and
D) The Village will process permit applications as it normally does. A permit official may delay final action on a permit application if the delay is caused by a local, State or federal disaster declaration or similar emergency. The delay described above should not be an indefinite delay, but only what is necessary to permit staff to review the application in light of the restrictions in place on the Village’s employees during the current emergency.
No. In October 2014 the FCC issued a Report and Order which modified its rules in a manner designed to accelerate broadband deployment by changing wireless facilities siting policies. In the Report and Order, the Commission expressed:
We adopt measures to refine our environmental and historic preservation review processes under NEPA and NHPA to account for new wireless technologies, including physically small facilities like those used in DAS networks and smallcell systems that are a fraction of the size of macro-cell installations. In contrast to the large-scale antennas and structures that our review processes were designed to address, these smaller antennas (and their associated compact radio equipment) can operate on existing short structures such as utility poles as well as on rooftops or inside buildings. As described in detail in the Executive Summary and in Section III, we expand an existing categorical exclusion from NEPA review so that it applies not only to collocations on buildings and towers, but also to collocations on other structures like utility poles. We also adopt a new categorical exclusion from NEPA review for some kinds of deployments in utilities or communications rightsof-way. With respect to NHPA, we create new exclusions to address certain collocations on utility poles and other non-tower structures. We take these steps to assure that, as we continue to meet our responsibilities under NEPA and NHPA, we also fulfill our obligation under the Communications Act to ensure that rapid, efficient, and affordable radio communications services are available to all Americans.
In its implementation of the Report and Order in 2016 the FCC executed an amendment to the National Programmatic Agreement for the Collocation of Wireless Antennas (“NPA”) which expanded the categorical exclusions from Section 106 review under NEPA. Based on the Report and Order and the Amended NPA, some small wireless antennas can be installed without first being required to complete Section 106 review.
Yes. In 2018 the State of Illinois enacted the Small Wireless Facilities Deployment Act, 50 ILCS 840/1, et seq. (the “Act”). Section 40 of the Act expresses the General Assembly’s intent to preempt local control by stating a home rule unit may not regulate small wireless facilities in a manner inconsistent with this Act. In relation to regulating the location of a small wireless facility, Section 15(d)(3) of the Act states:
Subject to paragraph (6), an authority may not require the placement of small wireless facilities on any specific utility pole, or category of utility poles, or require multiple antenna systems on a single utility pole; however, with respect to an application for the collocation of a small wireless facility associated with a new utility pole, an authority may propose that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 100 feet of the proposed collocation, which the applicant shall accept if it has the right to use the alternate structure on reasonable terms and conditions and the alternate location and structure does not impose technical limits or additional material costs as determined by the applicant. The authority may require the applicant to provide a written certification describing the property rights, technical limits or material cost reasons the alternate location does not satisfy the criteria in this paragraph (3).
Based on this statute, the Village has limited control over the location where a carrier can install a small wireless facility.
We will require an environmental assessment shall be submitted in accordance with the FCC under 47 CFR § 1.1307 - ACTIONS THAT MAY HAVE A SIGNIFICANT ENVIRONMENTAL EFFECT, FOR WHICH ENVIRONMENTAL ASSESSMENTS (EAs) MUST BE PREPARED, for new communications facilities, and for existing communications facilities to which modifications to existing antennas or associated equipment is proposed, unless the facility and transmitter are granted exemptions by the FCC. 8-6-4 (D), (6), (k)
Before a permit is issued, a written affidavit must be submitted and signed by a radio frequency engineer certifying the communications facility’s compliance with applicable Federal Communications Commission (FCC) rules and regulations relative to radio frequency emissions, as well as technical data such as the frequencies in use, power output levels and antenna specifications, reasonably necessary to evaluate compliance with maximum permissible exposure levels set by the FCC, as well as a monitoring plan. 8-6-4 (D), (l)
We will require testing within 30 days of installation, and then quarterly, reports showing continuing compliance with FCC radio frequency emission limits including field testing at various points around the communications facility. 8-6-20 (E), (F), and (G)
We will be authorized to revoke a permit if the communications facility is found to have been in violation of FCC radio frequency emission standards and the Telecommunications Provider, after becoming aware of such violation, fails to shut-down or otherwise cure the violation within three (3) calendar days. Additionally, the amendments declare that facilities which exceed FCC radio frequency emissions are a public nuisance which may be summarily abated by the Village and fines assessed. 8-6-11 (A), 8-6-20 (F)
We will require camouflaging in the downtown business districts and historical areas of town. 86-15 (H) (3)
We will prohibit wireless facilities from being located closer than 300 feet from a school. 8-6-15 (A) (6) (d) (1)
Federal law grants a private right of action to people who are injured by reason of a common carrier’s acts or omissions which violate the FCC’s safety regulations. Not only does a resident have the right to sue for relief from his/her injuries, but the law grants attorneys’ fees if the resident prevails. Below is the complete language of 47 USC §206:
In case any common carrier shall do, or cause or permit to be done, any act, matter, or thing in this Act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this Act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this Act, together with a reasonable counsel or attorney’s fee, to be fixed by the court in every case of recovery, which attorney’s fee shall be taxed and collected as part of the costs in the case.
State Senator Suzy Glowiak Hilton (24th District) filed legislation in January to create a State 5G Task Force to identify any major health risks associated with the proliferation of 5G infrastructure. Although a subject matter hearing was held, the legislation has not proceeded and no task force has been organized by State government.
The Village has established a webpage dedicated to 5G wireless information. For those who want more information on the safety issues, the FCC has an RF Safety FAQ page, which we will post a link to on the Village’s website: https://www.fcc.gov/engineering-technology/electromagnetic-compatibility-division/radio-frequency-safety/faq/rf-safety#Q6
Identity Theft is one of the most rapidly growing crimes across the nation. Anytime an unauthorized individual uses your personal information to obtain goods or services, you are a victim of Identity Theft. Find out how to protect yourself from identity theft by visiting our Identity Theft page.
The Village of Glen Ellyn has eight parking lots available for use in the downtown area, which include permit, lease, meter, or pay-as-you-park options. For more information, visit our Parking Information page.
Once a year, the Glen Ellyn Police Department hosts a Citizen Police Academy. Find out how you can get involved by visiting our Citizen's Police Academy page.
The Police and Community Relations Improvement Act (50 ILCS 727) and Illinois Police Training Act (50 ILCS 705) mandate training requirements for active police officers in the State of Illinois, including the types of training referenced above. The Illinois Law Enforcement Training and Standards Board is the state agency mandated to oversee training requirements, curriculum and standards.
Mandated training for active police officers includes:
New officer certification through the Law Enforcement Basic Academy is a curriculum of 580 hours which includes training in de-escalation, communication in the police environment, control and arrest tactics, procedural justice and mental illness behavior.
The Glen Ellyn Police Department also has 12 police officers that are Crisis Intervention Certified (40 hours of training) and all members of the Department receive annual training in Mental Health First Aid.
In April 2018, the entire Department received a 4 hour block of training which included representatives from the following organizations: World Relief, PADS, Bridge Communities and the Philip J. Rock Center.
In addition to the above, Glen Ellyn Police Officers are held accountable to our standards and values through a series of systems, including:
The Illinois Criminal Code (720 ILCS 5-7-5.5) details prohibited use of force by peace officers. A “chokehold,” meaning the application of direct pressure to the throat, windpipe, or airway of another with the intent to reduce or prevent the intake of air, is unlawful under the Illinois Criminal Code when used by a law enforcement officer in any situation where deadly force is not justified. It is therefore unlawful for a Glen Ellyn Police officer to use a chokehold where deadly force is not justified.
It is the policy of the Glen Ellyn Police Department to handcuff arrestees behind their back unless there is a medical issue or physical limitation where it would otherwise be precluded (e.g,. pregnancy, broken or missing limb). When placed in the back of a Glen Ellyn squad car, arrestees are seated in an upright position in the back seat and secured with a seat belt. The Glen Ellyn Police Department does not use prone maximal restraint methods (e.g. “hog-tying”).
Glen Ellyn Police Officers do not use excessive force. According to Department Policy and training, Glen Ellyn Police Officers have a duty to intercede if they observe another officer using force that is clearly beyond that which is objectively reasonable under the circumstances. Officers using any type of force are accountable for its use. Glen Ellyn Police Officers recently received a refresher training session in this topic. In all allegations of excessive force, an internal investigation will commence by the order of the Chief of Police and where found, may result in discipline ranging from reprimand through suspension or termination.
Police Officers in Glen Ellyn will not discharge a firearm at or from a moving vehicle unless the use of deadly force is justified. The Illinois Criminal Code (720 ILCS 5/7-5) sets forth the parameters of a police officer’s use of force in making an arrest and including the use of deadly force.
Further, it is the policy of the Glen Ellyn Police Department that officers are prohibited from using deadly force against “fleeing felons” when the only condition for the use of force is that the individual is a “fleeing felon.”
A Glen Ellyn Police Officer may use only the force they reasonably believe to be necessary to effect an arrest and may use any force which they reasonably believe to be necessary to defend themselves or another from bodily harm while making an arrest.
Glen Ellyn Police Officers do not use excessive force. Pursuant to Glen Ellyn Policy and law, officers shall use only the force necessary to accomplish lawful objectives, not excessive force. While force may be used in certain circumstances, it shall be to accomplish lawful objectives and only to the extent reasonably necessary in light of the circumstances confronting the officer. Glen Ellyn Police Department Policy is explicit that officers using any type of force are accountable for the force that was used. The Glen Ellyn Police Department takes all use of force incidents seriously and is committed to review and evaluate all use of force incidents.
The Glen Ellyn Police Department policy states “The Department recognizes and respects the value of all human life and dignity without prejudice to anyone.” In the past ten years (2009-2019), the Glen Ellyn Police Department has not utilized lethal force involving the discharge of a weapon, accounting for more than 3,100 arrests. In the event that a weapon was discharged, our policy mandates that an investigation by the DuPage County States Attorney’s Office and/or the Illinois State Police would be initiated.
Yes. Policies of the Glen Ellyn Police Department provide for report and review in each instance when an officer is involved in any incident requiring the use of force beyond the routine act of handcuffing. Whenever an officer is involved in any incident beyond the routine act of handcuffing, a post event report is written and a review of the incident is conducted by supervisory staff. The Glen Ellyn Police Department takes all use of force incidents seriously and is committed to review and evaluate all use of force incidents.
Yes. The Glen Ellyn Board of Fire and Police Commissioners is responsible for recruiting, selecting and appointing qualified candidates for positions as Police Officer. The Police recruitment and selection process is a comprehensive and thorough process involving the following elements:
The portions of the officer selection process that would most directly screen for candidates with a history of abuse, discrimination or bias as referenced above are listed above in bold.
Once an officer is hired they are sent to a certified police academy for 14 weeks of intensive training, including topics that are mentioned herein. Upon their return to the Department they undergo a minimum of 16 weeks field training with a variety of experienced officers to present the most well rounded training possible. This method allows for regular meetings among the Field Training Officers and the program supervisor to discuss any training issues and have those concerns addressed.
For more than a year after completing training, Officers are in a “probationary” status where their performance is closely monitored. Should an officer not meet standards and improve documented deficiencies during this time, they can be released from employment by the Chief. Since 2003, the Department has hired 65 Police Officers. As of June, 2020, twenty-nine (45%) of those officers did not satisfactorily complete the probationary phase of employment. This is indicative of the highly selective nature and high standards set for the Glen Ellyn Police Department.
Glen Ellyn Police Officers do not use excessive force. It is the policy of the Glen Ellyn Police Department that if an injury is alleged or results from a police officer’s use of force, it shall be the involved officer’s responsibility to ensure that adequate medical care is made available to the injured party as soon as practicable.
Protocol for providing medical aid includes notification of the supervisor and summoning of medical assistance (paramedic) and documentation of the incident overseen by a supervisor to include photographs of injuries, interviews of witnesses and a written report. Additionally, all Glen Ellyn police officers are trained in first aid, CPR and the medical administration of Narcan.
Glen Ellyn Police Officers do not use excessive force. The Glen Ellyn Police Department records, reviews and evaluates every incident that involves use of force by an officer. A full accounting of all use of force incidents is forwarded to the Village Manager annually.
The Glen Ellyn Police Department takes all use of force incidents seriously and is committed to review and evaluate all use of force incidents. Therefore, there is no specific number of complaints that will warrant a predetermined level of discipline. Discipline up to and including reprimand, suspension, or termination may result from a single incident, where warranted, based upon the totality of the circumstances.
Glen Ellyn Police Officers do not use excessive force. There have been no civilian deaths that have occurred in the custody of the Glen Ellyn Police Department resulting from any use of force by Glen Ellyn Police. In the event that a civilian death were to occur in custody, for any reason, Police Department Policy would require an investigation by the DuPage County States Attorney’s Office and the Illinois Department of Corrections. In the event of an in- custody death suspected to have occurred as a result of the use of excessive force by a police officer, it is also anticipated that the Illinois Attorney General’s Office as well as the United States Department of Justice would commence an investigation.
Additionally, since 2007, the Glen Ellyn Chief of Police has hosted a monthly community forum called “Coffee with the Cops”. During this time, any member of the community can discuss any topic they wish. Indeed, the May, 2015 Final Report of the President’s Task Force On 21st Century Policing included:
“4.5.1 Action Item: Law Enforcement agencies should schedule regular forums and meetings where all community members can interact with police and help influence policy and programs.”
On Tuesday 6/25/2019, Governor JB Pritzker signed Illinois House Bill 1438, better known as the Cannabis Regulation and Tax Act (CRTA), thus legalizing the consumption and possession of cannabis for adults 21 and older in Illinois starting January 1, 2020. Illinois is the 11th state in the country to legalize the recreational use and purchase of marijuana (after Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington).
Illinois residents may possess up to:
As a result of the new State legislation, the consumption of cannabis as of 1/1/2020, will be treated similarly to that of the consumption of alcohol with any Illinois resident, or non-resident, ages 21 or over, now being able to purchase and consume cannabis.
Only licensed businesses will be able to legally grow and sell cannabis. Medical cannabis patients will be allowed to grow up to five plants each within their home. Recreational users will not be allowed to grow any plants.
No, municipalities cannot ban or override the CRTA. Furthermore, municipalities cannot ban residents from private cannabis consumption.
Yes, Section 55-25 of the Act (attached) outlines what municipalities are allowed to regulate. The Village may enact reasonable zoning regulations that do not conflict with the act including buffers between sensitive uses. Furthermore, the Village can require Conditional/Special Use permits for cannabis businesses to impose limits on “time, place, manner, and number” of cannabis business operations. The Village is allowed to ban recreational cannabis businesses completely and may regulate or ban on-premise consumption of cannabis at cannabis business establishments. Please note, local governments are required to allow medical cannabis dispensaries subject only to local zoning provisions and cannot ban residents from using cannabis products on private property.
Any person, business, public entity, or landlord may prohibit the use of cannabis on private property. Smoking cannabis is prohibited in any location where smoking is prohibited by the Smoke Free Illinois Act (410 ILCS 82), including hospitals, restaurants, retail stores, offices, commercial establishments, etc.
No, the consumption of cannabis in public, including school grounds, will be considered unlawful. It will be unlawful to consume cannabis I close physical proximity to someone under 21 who is not a registered medical cannabis patient.
The consumption of cannabis will be allowed on private property. Consumption may potentially be permitted at specifically designated establishments such as dispensaries or smoking lounges if allowed by local ordinance. Smoking at dispensaries or smoking lounges would be dependent on the Village Board approving zoning for such a use.
The Recreational Cannabis Act itself prohibits a new cannabis dispensary from locating within 1,500 feet of another dispensary. Glen Ellyn may further restrict the location through reasonable zoning regulations. The Act authorizes up to 500 dispensary licenses, allows dispensaries to operate from 6 a.m. to 10 p.m. and enables dispensaries, infusers and/or craft growers to share a facility if allowed by the local municipalities. The Act requires that cannabis advertising be at least 1,000 feet from school grounds, playgrounds, public recreational facilities, child care centers, public parks, public libraries, and gaming arcades (if that arcade is not limited to patrons 21+).
The 55 current medical-cannabis dispensaries get early approval for licenses to sell under the new Act. They may apply to dispense recreational pot at their current stores and for a license for a second location, meaning the state could have 110 recreational pot outlets by the time sales start January 1, 2020.
The Act allows for up to 47 dispensary licenses to be awarded within the “Chicago-Naperville-Elgin” region by May 1, 2020. The applications for such licenses shall be available by October 1. Once the disparity and market studies are complete, the state can issue additional licenses if needed. These licenses must take into account the findings of the disparity study.
The Village plays no role in the licensing process as it is left up to the Department of Financial and Professional Regulation (DFRF) to select and process those individuals attempting to obtain a license. The 55 current medical-cannabis dispensaries get early approval for licenses to sell under the new Act.
Yes; the list of conditions that are covered under the use of medial cannabis was expanded to now include chronic pain, autism, migraines, irritable bowel syndrome, osteoarthritis, and anorexia.
Yes. By state and local ordinance, medical cannabis facilities have been allowed in Glen Ellyn since 2014. Medical cannabis dispensaries are allowed as a special use in C4 office zoning district and allowed by-right in the I1 light industrial zoning district. They are only permitted to operate between 8:00am and 6:00pm, must be at least 1,000 feet from other medical dispensaries, and cannot operate drive-throughs or perform window sales. The Act allows registered medical cannabis users will be allowed to grow up to five plants in their home.
Sales will be taxed at 10% for cannabis with THC levels at or less than 35%; 25% for cannabis with THC levels above 35%; and 20% for cannabis infused products such as edibles. This is in addition to standard state and local sales taxes. Additionally, municipalities may add a special tax of up to 3% and counties may add a special tax up to 3.75% in unincorporated areas.
The municipal cannabis sales tax will be collected and enforced by the Illinois Department of Revenue (IDR), which is entitled to retain 1.5% of the amount distributed to each municipality as an administrative fee.
While the Act presently would allow for the tax to be effective not sooner than September 1, 2020, the Illinois Municipal League (IML) recommends that municipalities consider adopting the tax ordinance imposing the tax effective on January 1, 2020, and certify the ordinance to the IDR by October 1, 2019, in anticipation of a legislative amendment to the Act that may authorize the local tax as of January 1, 2020.
Additional taxes will be collected by other government bodies including a cultivation privilege tax, cannabis purchaser excise tax, cannabis county retailers’ occupation tax. State tax revenue will be placed in the Cannabis Regulation Fund. The Department of Revenue projects that this industry will generate over $57 million in tax revenue and licensing fees in FY20.
Within the Act, distribution of government proceeds collected by the State associated with the sale of recreational cannabis was established as follows:
Although cannabis remains illegal at the federal level, federal law enforcement has rarely interfered with individuals possessing the state regulated legal amount or businesses complying with state enforced programs. Any questions related to Federal or State regulations should be directed to the proper agencies.
Nothing in the Act prohibits employers from adopting reasonable zero tolerance or drug free workplace policies, or employment policies concerning drug testing, smoking, consumption, storage, or use of cannabis in the workplace or while on call provided that the policy is applied in a nondiscriminatory manner. Nothing in the Act limits or prevents an employer from disciplining an employee or terminating employment of an employee for violating an employer’s employment policies or workplace drug policy. The Act prohibits discrimination against employees for use of "lawful products" like cannabis during nonworking and non-call hours.
The Act bans any sign that makes any health, medicinal, or therapeutic claims about cannabis or cannabis products, includes the image of a cannabis leaf or bud, or advertises to minors (such as including cartoons, toys, or animals). Packaging will require warnings about cannabis consumption.
Illinois Governor JB Pritzker has stated that he will pardon past convictions for possession of up to 30 grams, with the attorney general going to court to delete public records of a conviction or arrest for the now legal amount. Regarding possession of 30-500 grams, an individual or a state’s attorney may petition the court to vacate or expunge the conviction. If the cannabis offense was connected to a violent crime it is ineligible for the automatic expungement processes but the individual (or State’s Attorney) can still file motion with the court to vacate conviction.
Records will be expunged if one year or more has elapsed since the date of the arrest with no criminal charges filed or charges were subsequently dismissed, vacated, or the individual was acquitted. Many of the records will relate to municipal code violations, which will be required to be expunged according to a schedule described in the bill that will give municipalities until January 1, 2025 to expunge records that precede January 1, 2000.
No, the Village Board passed an ordinance on November 12, 2019 that put a moratorium on the recreational sale of cannabis until October 26, 2020, when it will be revisited by Board.
The new Illinois cannabis law went into effect on January 1, 2020.
If you are 21 years old or older, you will be allowed to purchase marijuana from licensed sellers and smoke it in Illinois.
Beginning on January 1, 2020, if you are 21 years or older and an Illinois resident it will be legal for you to possess 30 grams of cannabis (flower), 5 grams of cannabis concentrate, or cannabis –infused products containing up to 500 milligrams of THC. Non-Illinois residents will be permitted to have half these amounts.
For approximately the first half of 2020, only medical marijuana dispensaries will be permitted to sell recreational cannabis. After that time period, Illinois will begin granting licenses to other sellers.
It will be legal to smoke cannabis in your residence and in businesses that permit marijuana smoking.
Even though cannabis will be legal in Illinois, you will still not be permitted to smoke recreationally in public places, in motor vehicles, on school grounds, or in proximity to anyone under the age of 21. For the purpose of this act, a “public place” means any place where a person could reasonably be expected to be observed by others.
Consumption of cannabis in a vehicle on a public street will still be prohibited. Cannabis transported in a vehicle must be in a sealed, odor proof, and child-resistant cannabis container and reasonably inaccessible.
Registered or licensed Medical marijuana patients will be permitted to grow up to five marijuana plants at a time. Other residents must apply for a state license as a craft grower in order to grow marijuana, and growing is only allowed in a locked, secure area.
The legal limit for driving is a THC blood concentration of more than five nanograms per milliliter. If you have more than that in your system, or are impaired, you may be charged with a DUI.
If you were convicted of possessing under 30 grams of Marijuana prior to January 1, 2020, your record will likely be automatically expunged as long as the convictions were not part of a violent crime. You can petition for expungement of convictions for possession of between 30 and 500 grams of marijuana.
The Act permits an employer to utilize a Zero Tolerance Policy, meaning no cannabis consumption. It is recommended that individuals check with their employer and the personnel manual.
Any person, business, public entity, or landlord may prohibit the use of cannabis on private property.
Additional information provided by the Illinois Department of Financial and Professional Regulations can be found here.
Those violating the restrictions of the Cannabis Regulation and Tax Act are subject to the penalties under the cannabis control act and/or relevant Village of Glen Ellyn ordinances.
Guardian is a computerized phone system that calls registered members on prearranged days and times to verify that they are okay. If the member does not respond to the telephone call by entering a four-digit code on their telephone an alarm sounds and a police dispatcher will attempt to reach the member via telephone.
If still unsuccessful, a previously designated neighbor or family member will be contacted. If the emergency contact cannot be reached, a deputy will be sent to the member's home to make sure everything is okay.
Guardian is available to DuPage County residents who are over the age of 62 or physically or mentally disabled and live alone.
To register for the Guardian program you may call the Sheriff's Office at 630-407-2400 to have an application mailed to you. Applications may also be picked up at any Township Office or at:Sheriff's Office501 N County Farm RoadWheaton, IL 60187
Please consult with the Administration Department at 630-469-5000 prior to submitting a special event permit application to discuss whether your event falls under this policy.
Generally, commercial or non-residential outdoor events that will take place on public or private property or which will take place in public right-of-ways (i.e. street, sidewalk, parking lot), or that will be held on public property where liquor is to be served fall under the scope of this policy. Generally, indoor private events (i.e. invitation only) are exempt from the application process, but are required to apply for all applicable liquor licenses.
Special event permit applications must be submitted at least sixty days in advance of the event.
There is a $50 application fee required for every special event application. Please make checks payable to the Village of Glen Ellyn.