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The Planning Commission shall consider, and the applicant shall demonstrate, compliance with the following standards in determining whether to approve an application for a wireless communication antenna and/or tower:
(a) There is no technically suitable space reasonably available on an existing tower or structure within the geographic area to be served. With the permit application, the applicant shall list the location of every tower, building or structure that could support the proposed antenna so as to allow it to serve its intended function. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure. If another communication tower is technically suitable, the applicant must show that it has requested to co-locate on the existing tower and the co-location request was rejected by the owner of the tower. In all circumstances, owners of existing towers shall promptly respond to requests for co-location, but in no event shall they respond in more than thirty days from the date of receipt of written request for co-location. If another communication tower is technically suitable, the applicant must further show that it has offered to allow the owner of that other tower to co-locate an antenna on another tower within the City owned by the applicant upon reciprocal terms and the offer was not accepted. In all cases, the City shall use its best efforts to encourage co-location.
(b) As a condition of issuing a permit to construct and operate a tower in the City, the owner/operator of the tower is required to allow co-location until said tower has reached full antenna capacity, but in no event fewer than two additional antennas for two additional providers. Agreement to this provision must be included in the lease by the landowner, if different from the owner/operator of the tower. Written documentation must be presented to the Planning Commission and Council evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of the section as well as the requirements, regulations and standards established in this chapter. As an additional condition of issuing the permit to construct and operate the tower in the City, the owner/operator of the tower is required to sign a statement that all disputes with future providers concerning co- location and their terms and conditions of co-location shall be submitted to commercial arbitration under a system selected by the parties, but if the parties are unable to agree, then under the auspices of the Commercial Arbitration Provisions of the American Arbitration Association.
(c) Poles, towers, equipment structures and antenna placement shall meet the minimum yard setback requirements set forth in the Zoning Ordinance for the zoning district in which the antenna and/or tower is proposed to be located and all lot area requirements for that zoning district.
(d) Screen fencing shall be provided for aesthetic and public safety reasons. A fence at least six feet in height shall be erected completely around the communication tower and any related support facilities. Barbed wire at the top of the fence is permitted. "No trespassing" signs shall be posted around the wireless telecommunication facility with the telephone number of a person to contact in the event of an emergency.
(e) Towers and antennas shall be designed to withstand sustained winds of at least eighty miles per hour with one-half inch of icing.
(f) A landscaped buffer area of not less than ten feet in depth shall be placed between the wireless communication facilities and the public rights-of-way, residential zoning districts and any adjacent residential uses. The ten-foot landscape buffer shall consist of a tight screen fence of hardy evergreen shrubbery not less than six feet in height. The landscaping shall be continuously maintained and promptly restored, if necessary. Additional landscaping buffers may be required by the Planning Commission pursuant to Section 1355.07(b)(5).
(g) The owner or operator shall agree to remove a non-functioning facility within six months of ceasing its use. The owner of the antenna and/or tower shall annually file a declaration with the Building Commissioner as to the continuing operation of every facility installed subject to this chapter. The owner/operator of the antenna and/or tower shall sign a written consent agreeing to an annual inspection of the wireless communication facility by the City Engineering Department.
(h) The owner or operator shall be required, as a condition of issuance of a permit, to post a cash or surety bond acceptable to the Law Director of not less than one hundred dollars ($100.00) per vertical foot from natural grade of the wireless communication tower, which bond shall insure that an abandoned, obsolete or destroyed wireless communication antenna or tower shall be removed within six months of cessation of use and abandonment. Any co-locator shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the co-locator occupies the tower.
(i) Outdoor storage of any supplies, vehicles or equipment related to the use of the facility is prohibited.
(j) Except as required by law, an antenna or a tower shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by Federal Aviation Administration (FAA) regulations, white strobe lights shall not be permitted at night unless no other alternative is permitted by the FAA. Lighting for security purposes shall be permitted at the wireless telecommunication facility with the prior approval of the Planning Commission.
(k) The applicant must provide written certification from a registered engineer that the antenna and/or tower are to be constructed in compliance with all applicable Federal, State and local regulations pertaining to the construction. Additionally, prior to receiving final inspection by the City Building Department, documented certification shall be submitted to the FCC, with a copy to the City Building Department and the Engineering Department, certifying that the wireless communication facility complies with all current FCC regulations for non-ionizing electromagnetic radiation (NIER).
(l) A proposed new tower in an industrial or commercial district shall not be located within 1,000 feet of any residential zoning district.
(m) No advertising shall be permitted on the wireless telecommunication facility.
(n) There shall be a separation of at least one-quarter mile between new wireless communication towers. The Planning Commission may waive this requirement with the approval of Council for the purposes of clustering of towers and placement of towers in electric high-tension towers.
(Ord. 8329-1997. Passed 4-1-97.)
(a) Application. Prior to action by the Planning Commission, the permit application must be reviewed and approved. In addition to any standard submission requirements, the applicant shall provide the following information:
(1) The location of any electrical or signal transmitting wires or cables to be used;
(2) The specific antenna support structure device which is to be used;
(3) The proposed method of screening the antenna support structure to make it as inconspicuous as possible and to help it blend into the surrounding area, where feasible;
(4) Elevation drawings illustrating the placement, height, color and material of the antenna and its support structure and
(5) A plot plan of the lot, premises, parcel of land and adjacent parcels showing, among other things, the exact location of the proposed antenna and its support structures, the exact location and dimensions of all buildings on the parcel and adjacent parcels, and property lines.
If the information provided above does not clearly convey placement alternatives on the site, the Planning Commission may require an independent evaluation of signal access for a minimum of the three most feasible, alternative locations on the site. The evaluation shall be prepared by a consultant and approved by the Planning Commission and paid for by the applicant.
(b) Architectural Review and Findings. Prior to approval of an installation, the Planning Commission shall find as follows:
(1) There is no other location on the site for the proposed antenna support structure which would result in a less conspicuous or more aesthetically pleasing installation while still providing reasonable signal access;
(2) The antenna and its support structure is the smallest possible for the frequency used and optimally located to allow reasonable signal access;
(3) Apart from the tower or monopole structure, the facility appurtenances are aesthetically and architecturally compatible with the architecture of the surrounding environment;
(4) The color of the structure blends with the surrounding environmental characteristics; and
(5) A landscape plan has been reasonably designed to enhance the aesthetic quality of the tower location and to adequately screen the site from the view of drivers and pedestrians on adjacent rights-of-way and properties.
(Ord. 8329-1997. Passed 4-1- 97.)
Prior to action by the Planning Commission, the City shall require a review of the permit application by an independent registered engineer engaged by the City and paid for by the applicant, pursuant to the requirement of reimbursement of City expenses as set forth in Section 1355.10. Among other things, the engineer shall review and approve the written certification of the applicant's engineer filed pursuant to Section 1355.06(k); shall review and approve the applicant's propagation studies showing the necessity for and location of the tower; and shall review and approve the structural integrity, electrical integrity and electrical safeness of the wireless telecommunication facility in its projected uses so as to assure the protection of the health, safety and welfare of the citizens of Brook Park.
(Ord. 8329-1997. Passed 4-1-97.)
After issuance of a permit to construct a wireless communication facility, the permittee shall begin construction within 180 days and shall complete construction within 360 days or the permit and approval shall expire. As a condition of the permit, the Planning Commission shall require the applicant and site owner to certify that if construction is not commenced within 180 days or completed within 360 days, the site shall be available for another wireless telecommunication facility.
(Ord. 8329-1997. Passed 4-1-97.)
The applicant shall be responsible for all expenses incurred by the City for any technical engineering services deemed necessary by the Building Commissioner, the Planning Commission or City Council to perform the reviews required by this Chapter.
(Ord. 8329-1997. Passed 4-1-97.)
The Building Commissioner shall authorize the issuance of permits required by this chapter and shall collect the fees therefor in accordance with the following schedule:
(a) New wireless communication tower and facility $2,000.00
(b) New wireless communication antenna 500.00
(c) Co-location of wireless communication antenna on existing tower or building 500.00
(d) Annual inspection fee 1,000.00
(Ord. 8329-1997. Passed 4-1-97.)
Wireless communication antennas and/or towers located on City-owned property, by permission of the City Council, shall be exempt from the provisions of this chapter and any provisions of the Zoning Ordinance. Notwithstanding the foregoing provisions of this section, if a wireless communication tower is to be located on City-owned property, the tower in all cases shall be subject to a special exception public hearing, notice of which shall be given to all adjacent and affected property owners and the Planning Commission. Further, the application and proposed type of construction and standards of the proposed tower shall comply with the requirements of this chapter.
(Ord. 8329-1997. Passed 4-1-97.)
Whenever any person fails, neglects or refuses to comply with any order of the Building Commissioner, under the provisions of this chapter, or when any building or other structure is used or occupied so as to be in violation of or not in conformity with any provision of this chapter, the Building Commissioner may, in his of her discretion, institute an appropriate action at law or in equity to restrain the execution and violation of this chapter, to prevent the occupation or use of such building or other structure and to prevent or terminate any violation of this chapter. Such remedies shall be in addition to the penalty provided in Section 1355.99.
(Ord. 8329-1997. Passed 4-1-97.)
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