§ 155.262 APPROVAL PROCESS FOR ALL TOWERS.
   The following procedures shall apply to all communication tower or antenna facilities on public or private property.
   (A)   Submission materials and basis for approval or denial. The following information shall be submitted to the Village Board for review of the application in compliance with the provisions of this chapter, except that items (A)(3), (A)(6), (A)(7), (A)(8), (A)(9) and (A)(15) are not required if the antenna is proposed to be located on a tower owned by the village or a tower constructed at the village’s direction and intended to be used for collocation of antennas:
      (1)   The fee as set for Village Board for applications;
      (2)   One copy of specifications for proposed structures and antennas, including a description of the design characteristics and material to be used;
      (3)   A site plan drawn to scale showing existing features including property lines; existing structures and other improvements; proposed features including tower location, tower height, guy wires and anchors, setbacks, photographs or elevation drawings depicting design of the proposed structures, parking, fences and landscape plan. The site plan is not required if the antenna is to be mounted on an existing structure;
      (4)   A current map or update for an existing map on file showing the locations of the owner’s existing antennas or facilities and proposed towers;
      (5)   A report from a structural engineer showing the tower antenna capacity by type and number and a certification that the tower is designed to withstand winds in accordance with ANS/EIA/TIA-222 (latest revision) standards;
      (6)   Identification of the owners of all antennas and equipment to be located on the site;
      (7)   Written authorization from the site owner for the application;
      (8)   Evidence that a valid FCC license for the proposed activity has been applied for or issued;
      (9)   A line of site analysis that shows the potential visual impacts of a tower, as directed by the Village Board or its designee. The analysis may be required for up to six different vantage points to fully understand the impact on village residents;
      (10)   A written agreement to remove the tower, antenna and/or facilities within 180 days after cessation of use, including posting of an irrevocable letter of credit, performance bond or other security acceptable to the village to cover the anticipated costs of removing the same;
      (11)   A map showing all structures within 200 feet of the proposed tower;
      (12)   Certificate from a registered engineer indicating that the proposed facility will contain only equipment meeting FCC rules;
      (13)   Agreement in writing from the owner to provide indemnification of the municipality and proof of liability insurance or financial ability to respond to claims in an amount set by the Village Board;
      (14)   Additional information, as requested by the village, to determine that all applicable zoning regulations are met; and
      (15)   The names, addresses and telephone numbers of all owners of other towers or usable tower support structures within a half mile radius of the proposed new tower site, including village-owned property; and written documentation that the owner made diligent but unsuccessful efforts for a minimum of 40 days prior to the submission of the application to install or collocate the proposed telecommunications facilities on towers or usable antenna support structures owned by the village and other owners located within a half-mile radius of the proposed tower site; or written technical evidence from a structural engineer that:
         (a)   The proposed tower or facilities cannot be installed or collocated on another owner’s tower or support structure within one-half mile radius of the proposed tower; and
         (b)   Must be located at the proposed site in order to meet the coverage requirements of the applicant’s wireless communications system.
   (B)   Review and action. The following process shall be observed in the review and final village action on any application:
      (1)   Upon receipt of the application, the Village Clerk shall forward copies of the material to the Planning Commission, which shall consider the application at its next scheduled meeting;
      (2)   The Planning Commission shall review the application for conformance to Village Code provisions and issue a draft report for the owner’s review and response. Said report may contain additional submission requirements, recommendation for approval with or without special conditions, or recommendation for denial with rationale, and shall be prepared within 30 days of the application filing;
      (3)   The owner shall provide a response to the draft report in writing, and the Planning Commission report shall be finalized and placed on the Village Board meeting agenda together with the owner’s submission materials and all related documents within 30 days of receipt of the owner’s response and any additional information required in the draft report; and
      (4)   The Village Board may approve the application with no conditions, approve the application with conditions or disapprove the application by simple majority vote.
(Ord. 2018-15, passed 8-6-2018)