822.07  SITE PLAN REVIEW.
   (a)   General.  The following provisions shall govern the issuance of site plan approval for towers or antennas by the Planning Commission:
      (1)   If the tower or antenna is not a permitted use under Section 822.05(b) of this chapter or permitted to be approved administratively pursuant to Section 822.06(b) of this chapter, then site plan review and approval shall be required for the construction of a tower or the placement of an antenna in the A-1 Agricultural Zoning District or for the location of any alternative tower structure in any zoning district if, in the judgement of the Planning Commission, the proposal is in conformity with the goals set forth in Section 822.01 of this chapter.
      (2)   Applications for site plan review under this division shall be subject to the procedures and requirements of Chapter 1290, except as modified in this division.
      (3)   In granting site plan approval, the Planning Commission may impose conditions to the extent that such conditions are considered necessary to minimize any adverse effect of the proposed tower on adjoining properties.
      (4)   Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
      (5)   An applicant for a site plan review shall submit the information described in this division and a non-refundable fee as established by resolution of the Village Council to reimburse the Village for the cost of reviewing the application.
   (b)   Towers.
      (1)   Information required.  In addition to any information required of applicants for site plan review pursuant to Chapter 1290, applications for site plan review shall also contain the following information:
         A.   A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including adjacent land users in other municipalities), Comprehensive Development Plan classification and Zoning classification of the site, and all properties within the applicable separation distances set forth in division(b)(5) of this division, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Zoning Administrator to be necessary to assess compliance with this section.
         B.   Legal description of the parent tract and leased parcel (if applicable).
         C.   The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
         D.   The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 822.04(c) of this chapter shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
         E.   A landscape plan showing specific landscape materials.
         F.   Method of fencing, finished color, and (if applicable) the method of camouflage and illumination.
         G.   A description of compliance with Sections 822.04(c) through (j) of this chapter, inclusive, and divisions(b)(4) and (5) of this section, and all applicable Federal, State and local laws.
         H.   A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.
         I.   Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
         J.   A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
         K.   A description of the feasible location(s) of future towers or antennas within the Village based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
      (2)   Factors considered in approving site plan review  applications for towers.  In addition to any standards for consideration of application for site plan review pursuant to Chapter 1290, the Planning Commission shall consider the following factors in determining whether to approve the application for site plan review, although the Planning Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Commission concludes that the goals of this section. are better served thereby:
         A.   Height of the proposed tower;
         B.   Proximity of the tower to residential structures and residential district boundaries;
         C.   Nature of uses on adjacent and nearby properties;
         D.   Surrounding topography;
         E.   Surrounding tree coverage and foliage;
         F.   Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
         G.   Proposed ingress and egress; and
         H.   Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in division (b)(3) of this section.
      (3)   Availability of suitable existing towers, other structures, or alternative technology.  No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
         A.   No existing towers or structures are located within the geographic area which meet applicant's engineering requirements;
         B.   Existing towers or structures are not of sufficient height to meet applicant's engineering requirements;
         C.   Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;
         D.   The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna;
         E.   The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable;
         F.   The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
      (4)   Setbacks.  The following setback requirements shall apply to all towers for which site plan review is required; provided, however, that the Planning Commission may reduce the standard setback requirements if the purpose and goals of this section would be better served thereby:
         A.   Towers must be set back a distance equal to at least the height of the tower from all property lines, unless a licensed engineer shall certify that said tower is self-collapsing and will not collapse beyond the setback proposed by the owner in the application.
         B.   Accessory buildings must satisfy the minimum zoning district setback requirements.
      (5)   Separation.  The following separation requirements shall apply to all towers and antennas for which site plan review is required; provided, however, that the Planning Commission may reduce the standard separation requirements if the purpose and goals of this section would be better served thereby:
         A.   Separation from off-site uses/designated areas:
            1.   Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
            2.   Separation requirements for towers shall comply with the minimum standards established in Table 1.
 
TABLE 1
Off-Site Use/Designated Area
Separation Distance
Single-family or duplex residential units1
200 feet or 300% of height of tower, whichever is greater
Vacant single-family or duplex residentially zoned land (R-1A, R-1B, R-1C, R-1D and R-M1) which is either platted or has preliminary subdivision plan approval which is not expired
200 feet or 300% of height of tower2, whichever is greater
Vacant unplatted residentially zoned lands (R-1A, R-1B, R-1C, R-1D and R-M1)3
100 feet or 100% of height of tower, whichever is greater
Existing multi-family residential units greater than duplex units
100 feet or 100% of height of tower whichever is greater
Land zoned TC Town Center District
100 feet or 100% of height of tower, whichever is greater.
Land zoned B-1 Business District
None; only setbacks apply
Notes:
1   Includes modular homes and mobile homes used for living purposes.
2   Separation measured from base of tower to closest building setback line.
3   Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex.
 
         B.   Separation distances between towers:  When it is determined that a new tower is permitted pursuant to the criteria listed in division (b)(3) of this section, the separation distance between towers shall be sufficient to allow both the existing and proposed towers to operate at maximum efficiency. Also, the separation distance shall be adequate to protect the aesthetic character of the surrounding area.
      (6)   Security fencing.  Towers and all associated equipment shall be enclosed by security fencing not less than 8 feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Planning Commission may waive such requirement as it deems appropriate.
      (7)   Landscaping.  The following requirements shall govern the landscaping surrounding towers for which site plan review is required; provided, however, that the Planning Commission may waive such requirements if the purpose and goals of this section would be better served thereby:
         A.   Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least 4 feet wide outside the perimeter of the compound. A landscape, screening and buffering plan shall be submitted for review and approval with the application for tower approval.
         B.   In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
         C.   Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a  sufficient buffer.
      (8)   Buildings or other equipment storage.  Buildings to house equipment used in association with antennas or towers shall not exceed 360 square feet in floor area and 9 feet in height for each tower. Provided, however, upon good cause shown, an additional or a larger structure may be allowed to serve the particular tower or number of users. Equipment cabinets utilized for antennas mounted on structures, rooftops, utility poles, light poles or similar facilities shall be no larger than necessary to serve each user of said antenna.
      (9)   Removal of abandoned antennas and towers.  The tower owner shall advise the Village of discontinuance of tower use or abandonment. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Village notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Village may, as a condition of approval, require a financial guarantee in the form of a performance bond, cash deposit, or irrevocable letter of credit to provide sufficient funds for removal of abandoned towers and buildings associated therewith.
      (10)   Nonconforming uses; no expansion of nonconforming use.  Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
      (11)   Final determinations: written decision.  For uses approved administratively, the Zoning Administrator shall issue a final decision in writing when a determination is made to approve, approve with conditions or reject a request to place, construct or modify personal wireless facilities, including wireless communication towers. For uses approved through the site plan review process, action by the Planning Commission shall be recorded in the meeting minutes.
(Ord. 2001-2.  Passed 8-13-01.)