Only monopole wireless communication towers and their associated supporting buildings shall be allowed in the Village. All monopole wireless communication towers shall meet the following criteria:
(a) No new wireless communication facility may be erected if there is a technically suitable space for a wireless communication facility available on an existing wireless communication tower within the applicant's search area in which the new wireless communication antenna is to be located. 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 Village owned by the applicant on reciprocal terms and the offer was not accepted. In all cases, the Village 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 Village, 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 this 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 Village, 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) The minimum lot size for which a wireless communication tower is to be located shall be the minimum lot size for a residential district, unless a variance is granted, and shall be of sufficient size to contain on-site any debris from tower collapse.
(d) No new wireless communication tower will be allowed within a 2,500-foot radius of an existing cellular tower. The Planning Commission may waive this requirement with the approval of Council for the purpose of clustering of towers so long as the towers are visually compatible with the surrounding neighborhood.
(e) A wireless communication antenna may be affixed to existing structures so long as it complies with Village zoning regulations.
(Ord. 2802. Passed 4-8-97.)