(A) Lease required. No tower or antenna owner shall use any public property without first obtaining a lease from the village. The Village Board may terminate any lease if it is determined that any one of the following conditions exists:
(1) A potential user of a higher priority cannot find another adequate location and the potential use would be incompatible with the existing tower use;
(2) An antenna owner’s frequency broadcast unreasonably interferes with other uses of higher priority, regardless of whether or not this interference was adequately predicted in the technical analysis;
(3) A tower or antenna owner violates any of the standards in this subchapter or the conditions or terms of the lease agreement with the village; and
(4) Before taking any such termination action, the village will provide notice of the intended termination and the reasons for it to the owner and provide an opportunity for a hearing before Village Board regarding the proposed action. This procedure need not be followed in emergency situations.
(B) Fees and reimbursable costs required. No lease for the use of public property shall be granted without requiring the lessee thereof to pay a reasonable and competitively neutral fee for the use of that public property.
(C) Insurance required. The tower owner will produce proof of adequate liability insurance for potential damage that could reasonably be caused to persons or property, including village property and facilities, by the location of the towers, antennas or facilities on village property.
(D) Limit on term. No lease for the use of public property under this chapter shall be granted for a term of more than ten years.
(E) Security for removal required. Upon reasonable notice, the towers, antennas or facilities may be required to be removed at the tower owner’s expense. The tower owner shall submit an irrevocable letter of credit, performance bond or other security acceptable to the village to cover the anticipated costs of removing any tower, antenna or related facilities.
(F) Priorities. Priority of the use of village-owned land will be given to the following entities in descending order of priority:
(1) All functions of the village;
(2) Public safety agencies that are not part of the village, including law enforcement, fire and ambulance services and private entities with a public safety agreement with the village;
(3) Other governmental agencies for uses which are not related to public safety; and
(4) Entities providing licensed commercial communication services, including cellular, personal communication services, specialized mobilized radio, enhanced specialized mobilized radio, paging and similar services that are marketed to the general public for business and/or personal use.
(G) Placement of facilities. The placement and maintenance of communication towers, antennas and facilities on village-owned sites, such as water towers and parks, will be considered when the following requirements are met.
(1) Water tower sites. The village’s water tower represents a large public investment in water pressure stabilization and peak capacity reserves, and its protection is of prime importance. For that reason, the placement of communication towers or antennas on water towers sites will be allowed only with the approval of the village and only when the following requirements are found by the village to be met:
(a) The owner must have approval from the village each time access to any equipment mounted on a water tower is desired. This will minimize the risk of contamination to the water supply;
(b) There is sufficient room on the structure and/or the grounds to accommodate the owner’s facilities;
(c) The presence of the facility will not increase the water tower maintenance costs to the village or unreasonably interfere with or prevent the use or maintenance of the water tower; and
(d) The presence of the facility will not be harmful to the health or safety of workers maintaining the water tower.
(2) Parks. The presence of communications towers, antennas or similar facilities represents a potential conflict with the purpose of village-owned parks and recreational facilities. Communications towers and antennas will be considered only in park facilities that are remote from places where people regularly live, work or gather and large enough to accommodate the use without significant impact to adjacent property owners, after recommendation of the Parks and Recreation Commission and approval of the Council.
(Ord. 2018-15, passed 8-6-2018) Penalty, see § 155.999