The Planning Commission shall consider and the applicant shall demonstrate compliance with the following standards in determining whether to recommend approval of development plans for a wireless communication antenna and/or tower.
(a) Location survey. 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 30 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 municipality owned by the applicant on reciprocal terms and the offer was not accepted. In all cases, the municipality shall use its best efforts to encourage co-location.
(b) Co-location. As a condition of issuing a permit to construct and operate a tower in the municipality, the owner/operator of the tower is required to allow co-location until the 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 Chapter 1298. As an additional condition of issuing the permit to construct and operate the tower in the municipality, the owner/operator of the tower is required to sign a statement that all disputes with future providers concerning co-location and the 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) Setback - area requirements. Poles, towers, equipment structures and antenna placement shall meet the minimum yard setback requirements as set forth in the Zoning Code 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) Residential setback. A proposed new tower in an industrial or commercial district shall not be located within 300 feet from any residential zoning district.
(e) Tower separation. There shall be a separation of at least one mile between new wireless communication towers.
(f) Fencing. Screen fencing shall be provided for aesthetic and public safety reasons. A fence at least six feet in height will 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 a telephone number of a person to contact in the event of an emergency.
(g) Design requirements. Towers and antennas shall be designed to withstand sustained winds of at least 100 miles per hour with one-half inch of icing.
(h) Landscaping.
(1) A landscaped buffer area, as approved by the Planning Commission, shall be placed between the wireless communication facilities and the public rights-of-way, Residential Zoning Districts, and any adjacent residential uses. The landscape buffer shall include the following as determined by the Planning Commission:
A. Evergreen trees at least seven to eight feet tall (no white pines);
B. Three and one-half inch caliper shade trees;
C. Two inch caliper ornamental trees (e.g., Flowering Crabapple, Dogwood, Goldenrain Trees, and the like);
D. Medium size deciduous shrubs 24 inches - 30 inches (e.g., Korean or Miss Kim Lilac, Froebel Soiree, Northern Bayberry, and the like); and
E. Medium size evergreen shrubs 24 inches - 30 inches (e.g., Sea Green Juniper, Brown’s Yew, Mugo Pines, and the like).
(2) The landscaping shall be continuously maintained and replaced with like kind and size landscaping specimens in the event of the death or destruction of the same. The landscaping called for in this section shall be planted in accordance with the landscaping plans as the same are approved by the Planning Commission.
(i) Outdoor storage. Outdoor storage of any supplies, vehicles or equipment related to the use of the facility is prohibited.
(j) Lighting. 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 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 a prior approval of the Planning Commission.
(k) Advertising. No advertising shall be permitted on the wireless telecommunication facility.
(l) Certification. 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 Municipal Building Inspector and Municipal Engineer certifying that the wireless communication facility complies with all current FCC regulations for non-ionizing electromagnetic radiation (NIER).
(m) Bond. 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 colocator occupies the tower.
(n) Discontinued use. The owner or operator shall agree to remove a nonfunctioning facility within six months of ceasing its use. The owner of the antenna and/or tower shall annually file a declaration with the Building Inspector 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 consenting to annual inspection of the wireless communication facility by the Municipal Engineer.
(Ord. 01-O-1915, passed 10-16-2001; Ord. 16-O-2865, passed 5-3-2016)