(a) In recognition of the quasi-public nature of cellular and/or wireless telecommunication systems, it is the purpose of these regulations to: accommodate the need for cellular or wireless telecommunications towers and facilities for the provision of personal wireless/cellular services while regulating their location and number in the City; minimize adverse visual effects of telecommunication towers and support structures through proper siting, design, and screening; to minimize the adverse impacts that telecommunication facilities may have on the health, safety and welfare of the public; to avoid potential damage to adjacent properties from telecommunication tower and support failure; and to encourage the joint use of any new and existing telecommunication towers and support structures to minimize the number of such structures. The following requirements shall apply to conditional use permits for wireless telecommunication facilities:
(b) Special Application Requirements. A site plan shall include the following
(1) The total area of the lot;
(2) The existing zoning of the site and all adjoining lots;
(3) All public and private right-of-way and easements located on the lot;
(4) The location of all existing buildings and structures on the lot; all buildings or structures and uses within five hundred feet (500') of the tower site; and the proposed location of the wireless/cellular communication tower and all wireless/cellular communication support structures including dimensions, heights, and, where applicable, the gross floor areas;
(5) The location and dimensions for all curb cuts, driving lanes, off-street parking spaces, grades, surfacing materials, drainage plans, illumination of the facility, and landscaping;
(6) The location of all proposed fences, screening and walls;
(7) Any other information as may be required by the Board.
(8) A report prepared by a licensed professional engineer documenting the height, design, proof of compliance with nationally accepted structural standards, and a description of the tower's capacity, which shall include the number and types of antennae it can accommodate.
(9) For the purpose of demonstrating the necessity for the erection of any new telecommunication tower, any applicant requesting permission to install a new tower shall provide evidence of written communication with all other wireless/cellular service providers who supply service within a one (1) mile radius of the proposed facility requesting use of the other providers' towers for collocation of the applicant's antennae. The contacted provider shall be requested to respond in writing to the inquiry within thirty (30) days. The applicant's letter(s) as well as the responses received shall be presented to the Board to demonstrate the need for a new tower.
(10) The applicant shall also provide evidence of written communication with owners of nearby tall structures within a one (1) mile radius of the proposed tower site, asking permission to install the wireless/cellular antennae on those structures. Tall structures shall include, but not be limited to: smokestacks, water towers, buildings over fifty feet (50') in height, other communication towers, and roadway light poles.
(11) The facility owner/operator shall present a maintenance plan demonstrating responsibility for the site.
(12) The applicant shall provide a copy of a permanent easement or appropriate leasehold estate providing for access to the tower site. The access to the tower sight must be maintained regardless of other development that may take place on the site.
(13) The communication company must demonstrate proof to the Village that the company is licensed by the Federal Communications Commission (FCC).
(c) The following additional regulations shall apply to wireless telecommunications facilities:
(1) Wireless or cellular telecommunication sites shall be located at least two hundred fifty feet (250') from any residential zoning district.
(2) The setback between the base of the tower or any guy wire anchors and any property line shall be located a distance which is at least forty percent (40%) of the tower's height or fifty feet (50'), whichever is greater.
(3) The maximum height of a telecommunication tower shall be two hundred feet (200'). The maximum height of the equipment building shall be thirty-five feet (35').
(4) Maximum size of an equipment building shall be seven hundred and fifty (750) square feet.
(5) The minimum lot size and area restriction shall be the same as permitted for any other use in the Innovation Zone.
(6) A security fence eight feet (8') in height with barbed wire around the top shall completely surround the tower, the equipment building and any guy wires.
(7) Towers and antennae shall be designed to withstand wind gusts of at least one hundred miles per hour (100 mph).
(8) The tower shall be painted in a non-contrasting gray or similar color to minimize its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
(9) No graphics advertising is permitted anywhere on the facility.
(10) Buffer planting shall be located around the perimeter of the security fence as follows: An evergreen screen shall be planted that consists of either a hedge or evergreen trees that shall provide a minimum of seventy-five percent (75%) opacity year-round.
(11) The tower shall not be artificially lighted except to assure safety or as required by the FAA.
(12) Warning signs shall be posted around the facility with an emergency telephone number of whom to contact in the event of an emergency.
(13) The owner/operator of any telecommunications facility shall design such facility so that additional service providers may add their antennae, platforms, and associated hardware to the structure at a later date. The owner/operator shall negotiate in good faith with other providers for the collocation of other service providers' antennae at the facility, shall cooperate with the Village in identifying other wireless/cellular service providers for the purpose of negotiating sublease agreements for collocation of other service providers' antennae at the facility, and shall not interfere or hinder service providers from utilizing the facility.
(14) Where possible, an antenna or tower for use by a wireless/cellular service provider shall be attached to an existing structure or building. A new wireless communication facility shall not be erected if there is a technically suitable space for wireless communication facility available on an existing wireless communication tower or other suitable structure within the applicant's search area. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing structure or that bona fide efforts to negotiate location on structures have been rejected.
(15) Any owner of a tower whose use will be discontinued shall submit a written report to the Building and Zoning Inspector indicating the date on which such use shall cease. If at any time the use of the facility is discontinued for one hundred eighty (180) days (excluding any dormancy period between construction and the initial use of the facility), the Board may declare thefacility abandoned. The tower owner and the owner of the property upon which the tower is located shall receive written instruction from the Board to either reactive the use within one hundred eighty (180) days or dismantle and remove the facility.
(16) If reactivation does not occur within said period, the Village may thereafter proceed to move the facility and assess the costs of removal to the owner, as well as certify those costs to the County Auditor as a lien against the property.
(17) In addition to the foregoing requirements, the following standards, items (a) through (d), shall apply to wireless or cellular telecommunications facilities permitted on a property with an existing use:
i. The existing use on the property may be any permitted use or lawful nonconforming use in the Innovation Zone, and said use need not be affiliated with the wireless/cellular telecommunication provider.
ii. The telecommunication facility shall be fully automated and unattended on a daily basis.
iii. The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
iv. Subsequent to approval of a conditional use permit for a telecommunication tower, the owner shall submit building permit applications to the Village for any additional antennae proposed to be placed on the tower. A new zoning certificate will not be required, unless the Building and Zoning Inspector determines that such additions do not conform with the approved conditional use permit.
(d) Small Cell Telecommunications.
(1) Applicability. This section shall apply to all small cell installations and co-located small cell installations in the Village, and shall not apply to any Exempted Telecommunications Facility or Major Telecommunications Facility.
(2) Permit Required. No small cell installation shall be constructed, erected, modified, mounted, attached, operated, or maintained within the Village on or within any public right-of-way without the issuance of a permit. No approval granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the Village for delivery of telecommunications services or any other purpose.
(3) Application Content. All permit applications must include:
i. Detailed site and engineering plans for each proposed small cell installation, including all associated equipment necessary for its operation;
ii. A master plan showing the geographic service area for the proposed small cell installation(s), and all of applicant's existing, proposed and anticipated installations in the Village;
iii. Photographs of proposed facility equipment;
iv. Visual impact analyses with photo simulations;
v. Certification by a certified radio-frequency engineer that the small cell installation will be in compliance with the FCC standards for RF emissions as they relate to the general public, including aggregate emissions for all co-located equipment;
vi. Certification that the applicant has a right under state law to install wireless telecommunications facilities in the public right-of-way;
vii. Documentation demonstrating a good faith effort to locate the small cell installation in accordance with the preferred provisions of this chapter;
viii. Documentation that owners of all properties within 500 feet of the proposed small cell installation have been notified in writing of the proposed installation;
ix. An executed indemnification agreement.
(4) Application Fee. The Village shall assess a per-installation fee of five hundred dollars ($500.00) per application, which can include up to five (5) small cell installations, with an additional one hundred dollars ($100.00) per installation after five (5) to cover the Village's costs of processing, reviewing, evaluating, conducting a public hearing, and other activities involved in consideration of the application, and conducting oversight of the construction of the small cell installation to ensure compliance with zoning requirements
(5) Consultant Fee. The Village shall have the right to retain an independent technical consultant to assist the Village in its review of the application. The reasonable cost of the review shall be paid by the applicant.
(6) Compliance Bond. Upon approval of the application, the Permittee shall be required to post a bond in the amount of fifty thousand dollars ($50,000) for each small cell installation, such bond to be held and maintained during the entire period of Permittee's operation of each small cell installation in the Village as a guarantee that no such installation, including any co-located equipment, exceeds or will exceed the allowable FCC limits for RF radiation exposure to the general public as determined by a qualified independent RF engineer
(7) Indemnification. Permittee shall provide an executed agreement in the form provided by the Village, pursuant to which Permittee agrees to defend, hold harmless and fully indemnify the Village, its officers, employees, agents, attorneys, and volunteers, from (i) any claim, action or proceeding brought against the Village or its officers, employees, agents, or attorneys to attack, set aside, void, or annul any such approval of the Village or (ii) a successful legal action brought against the Village for loss of property value or other harm caused by the placement or operation of a small cell installation. This indemnification agreement shall be in a form acceptable to the Village Attorney and shall include, but not be limited to, damages, fees and/or costs awarded against the Village, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the Permittee, the Village and/or the parties initiating or bringing such proceeding. The agreement shall also include a provision obligating the Permittee to indemnify the Village for all of the Village's costs, fees and damages which the Village incurs in enforcing the indemnification provisions of this Section.
(8) Annual Re-certification.
i. Each year, commencing on the first anniversary of the issuance of the permit, the Permittee shall submit to the Village an affidavit which shall list all active small cell wireless installations it owns within the Village by location, certifying that (1) each active small cell installation is covered by liability insurance in the amount of two million dollars ($2,000,000) per installation, naming the Village as additional insured; and (2) each active installation has been inspected for safety and found to be in sound working condition and in compliance with all federal safety regulations concerning RF exposure limits.
ii. The Village shall have the right to employ a qualified RF engineer to conduct an annual random and unannounced test of the Permittee's small cell wireless installations located within the Village to certify their compliance with all FCC radio-frequency emission limits as they pertain to exposure to the general public. The reasonable cost of such tests shall be paid by the Permittee.
iii. In the event that such independent tests reveal that any small cell installation or installations owned or operated by Permittee or its Lessees, singularly or in the aggregate, is emitting RF radiation in excess of FCC exposure guidelines as they pertain to the general public, the Village shall notify the Permittee and all residents living within 1500 feet of the small cell installation(s) of the violation, and the Permittee shall have forty-eight (48) hours to bring the small cell installation(s) into compliance. Failure to bring the small cell installation(s) into compliance shall result in the forfeiture of all or part of the Compliance Bond, and the Village shall have the right to require the removal of such installation(s), as the Village in its sole discretion may determine is in the public interest.
iv. Any small cell wireless installation which is no longer in use shall be removed by the Permittee within thirty (30) days of being taken out of use.
v. Where such annual re-certification has not been properly or timely submitted, or equipment no longer in use has not been removed within the required sixty (60)-day period, no further applications for small cell wireless installations will be accepted by the Village until such time as the annual re-certification has been submitted and all fees and fines paid.
(9) Non-Permitted Installations. Any small cell installation constructed, erected, modified or enhanced prior to the issuance of a site-specific permit from the Village shall be removed prior to the submission of any other application. No application for a small cell installation shall be considered, and no so-called "shot clock" for approval shall commence, while such unauthorized installations remain.
(e) Small Cell Location and Configuration Preferences.
(1) Siting Guidelines. The purpose of this section is to provide guidelines to applicants and the reviewing authority regarding the preferred locations and configurations for small cell installations in the Village, provided that nothing in this section shall be construed to permit a small cell installation in any location that is otherwise prohibited by this Land Development Code or any other section of the Village Codified Ordinances.
(2) Order of Preference - Location. The order of preference for the location of small cell installations in the Village, from most preferred to least preferred, is:
i. Industrial zone
ii. Commercial zone
iii. Mixed commercial and residential zone
iv. Residential zone
(3) Order of Configuration. The order of preference for the configuration of small cell installations in the Village, from most preferred to least preferred, is:
i. Co-located with existing wireless facilities,
ii. Mounted on existing utility poles,
iii. Mounted on new poles or towers.
(f) Small Cell Installation Specifications.
(1) The Permittee must construct, install and operate the small cell installation in strict compliance with the plans and specifications included in the application.
(2) Where feasible, as new technology becomes available, the Permittee shall replace larger, more visually intrusive facilities with smaller, less visually intrusive facilities, after receiving all necessary permits and approval required by the Village.
(3) The Permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the Village. The Permittee shall notify the Village of any changes to the information submitted within seven days of any change, including the name or legal status of the owner or operator.
(4) At all times, all required notices and signs shall be posted on the site as required by the FCC and state law, and as approved by the Village. The location and dimensions of a sign bearing the emergency contact name and telephone numbers shall be posted pursuant to the approved plans.
(5) The Permittee shall maintain current at all times liability and property insurance for each small cell installation in the Public Right of Way in the amount of two million dollars ($2,000,000) naming the Village as additional insureds.
(6) The proposed small cell installation shall have an adequate fall zone to minimize the possibility of damage or injury resulting from pole collapse or failure, ice fall or debris fall, and to avoid or minimize all other impacts upon adjoining properties.
(7) Every effort shall be made to locate small cell installations no less than 1000 feet away from the Permittee's or any Lessee's nearest other small cell installation, or within feet of any permanent residential dwelling.
(8) Single or co-located small cell installations must be mounted on an existing structure such as a utility or lighting pole that can support its weight and the weight of any existing co-located equipment. All new wires needed to service the small cell installation must be located within the width of the existing structure so as to not exceed the diameter and height of the existing utility pole.
(9) All equipment not to be installed on or inside the pole must be located underground, flush to the ground, within three (3) feet of the utility pole. Each installation is to have its own dedicated power source to be installed and metered separately.
(Ord. 32-2020. Passed 1-19-21.)