(A) Purpose. The purpose of this subchapter is to establish general guidelines for the siting of wireless communications towers and antennas in the village.
(B) Goals.
(1) The goals of this subchapter are to:
(a) Protect land uses and property values by minimizing the potential adverse impacts of towers and antennas;
(b) Protect the health, safety and welfare of the residents and businesses of the village;
(c) Minimize the total number of towers necessary to serve the community;
(d) Promote and encourage the shared use of tower sites as a primary option, rather than construction of additional single-use structures;
(e) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(f) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas and accessory buildings by means of careful siting, design, landscape screening, and innovative camouflaging techniques;
(g) Encourage the use of alternative, small cell distributed antenna systems as a means to mitigate the aesthetic impact of personal wireless telecommunications facilities in areas of special economic, historical or architectural value to the village;
(h) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; and
(i) Avoid potential damage to adjacent properties from tower failure through sound and appropriate engineering and careful siting of tower structures; and to require removal of such structures when they are no longer used.
(2) In furtherance of these goals, the village shall give due consideration to its Comprehensive Plan, zoning map, existing land uses, and environmentally-sensitive areas in approving sites for the location of towers and antennas.
(C) Legislative findings. The Village Board makes the following legislative findings concerning the relationship these regulations have with the village's general plarrning efforts:
(1) The Planning and Zoning Commission has conducted several meetings with public hearings on this subchapter and has reviewed appropriate areas for towers and antennas in the village to minimize the impact.
(2) The Village Board generally adopts the findings and recommendations of the Planning and Zoning Commission.
(3) The Village Board encourages the location of the towers and antennas on properties owned by the village or other units of local government when the setbacks and separation distances set forth in this subchapter can generally be met.
(D) Interpretation.
(1) The provisions of this chapter are not intended to and shall not be interpreted or applied so as to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall the provisions of this chapter be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. To the extent that any provision or provisions of this chapter are inconsistent or in conflict with any provision of this subchapter, the provisions of this subchapter shall be deemed to control.
(2) In the course of reviewing any request for any approval required under this subchapter made by an applicant to provide personal wireless service or to install personal wireless service facilities, the Village Board shall act within a reasonable period of time after a complete request is duly filed with the village, taking into account the nature and scope of the request. There shall be a rebuttable presumption that a reasonable period of time to take final action on applications for collocated facilities is 90 days and for new facilities 150 days; provided that such period shall be tolled during any time the applicant needs to respond to reasonable requests for additional information. Any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record.
(3) No decision to deny an application for a conditional use permit or a zoning variation for the construction or installation of a personal wireless service facility may be based on the environmental effects of radio frequency emissions to the extent that such facility complies with the FCC's regulations concerning such emissions.
(4) Nothing herein shall be construed to release any applicant from compliance with all applicable federal, state and local building, electrical and occupational safety laws, regulations, codes and rules.
(Ord. 16-02, passed 2-22-2016)