(a) Applicants shall apply to the Planning and Zoning Commission for a pre-review of proposed wireless communication antenna and tower sites which pre-review may be conducted by the Commission upon the applicant's submittal of a site plan with general location, type of structure and height being reviewed and surrounding uses.
(b) An Application to develop a Tower shall include:
(1) The name, address, and telephone number of the owner and lessee of the parcel of land upon which the Tower is situated. If the Applicant is not the owner of the parcel of land upon which the Tower is situated, the written consent of the owner shall be evidenced in the Application.
(2) The legal description, permanent parcel number, and address of the parcel of land upon which the Tower is to be situated.
(3) The names, addresses, and telephone numbers of all owners of other Towers or usable Antenna Support Structures within one-half (½) mile radius of the proposed new Tower site, including Village-owned property.
(4) A description of the design plan proposed by the Applicant in the Village. Applicant must identify its utilization of the most recent technological design, including microcell design, as part of the design plan. The Applicant must demonstrate the need for Towers and why design alternatives, such as the use of microcell, cannot be utilized to accomplish the provision of the applicant's Telecommunications services.
(5) An affidavit attesting to the fact that the Applicant made diligent, but unsuccessful, efforts to obtain permission to install or collocate the Applicant's Telecommunications Facilities on Village-owned Towers or usable Antenna Support Structures located within a one-half (½) mile radius of the proposed Tower site.
(6) An affidavit attesting to the fact that the Applicant made diligent, but unsuccessful, efforts to install or collocate the applicant's Telecommunications Facilities on Towers or usable Antenna Support Structures owned by other Persons located within a one-half (½) mile radius of the proposed Tower site.
(7) Written technical evidence from an Engineer that the proposed Tower or Telecommunications Facilities cannot be installed or collocated on another Person's Tower or usable Antenna Support Structures owned by other Persons located within one-half (½) mile radius of the proposed Tower.
(8) A written statement from an Engineer that the construction and placement of the Tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties.
(9) Written, technical evidence from an Engineer that the proposed structure meets the standards set forth in Section 1345.05.
(10) Written, technical evidence from a qualified Engineer acceptable to the Bureau of Fire Inspection serving the Village and the Building Inspector that the proposed site of the Tower or Telecommunications Facilities does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals; also that the area of the "fall zone" beneath the Tower will not be a hazardous area should objects or ice fall from such Tower.
(11) In order to assist Village staff and the Planning and Zoning Commission in evaluating visual impact, the Applicant shall submit color photo simulations showing the proposed site of the Tower with a photorealistic representation of the proposed Tower as it would appear viewed from the closest residential property and from adjacent roadways.
(12) The Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the Village to condition or deny on the basis of RF impacts the approval of any Telecommunications Facilities (whether mounted on Towers or Antenna Support Structures) which meet FCC standard. Applicants shall be required to submit information on the proposed power density of their proposed Telecommunications Facilities and demonstrate how this meets FCC standards.
(13) Any information that the Planning and Zoning Commission considers inadequate or that the Applicant has failed to supply shall be supplemented by applicant. The Commission may deny an Application on the basis that the Applicant has not satisfactorily supplied the information required in this subsection. Applications shall be reviewed by the Village in a prompt manner and all decisions shall be supported in writing setting forth the reasons for approval or denial.
(c) With the permit application to the Planning and Zoning Commission, the applicant shall file a complete set of plans and specifications, a site plan showing the location of the Tower and uses and structures on the same and adjacent parcels, and any information deemed necessary by the Commission for a review of the application. The Applicant is also encouraged to provide photographs showing structures and uses on adjacent parcels. The Applicant shall also place on deposit an amount necessary for the Village to obtain a certification from an Engineer that the proposal is in compliance with all federal, state and local regulations. As part of the permit application, the Applicant shall provide the Village with a list of competitors together with their addresses so that the Village may notify the competitors of the application in effort to encourage collocation.
(d) Approval by the Planning and Zoning Commission of the granting of a permit shall become effective only following review by Village Council. A certified copy of a Resolution of the Commission granting such permit shall be filed forthwith by the Secretary of the Commission with the Clerk-Treasurer. If, within the 30-day period next succeeding such filing, Council by a majority vote disapproves the Commission's action in granting the permit, the permit shall be void and shall not be issued, otherwise, it, together with any additional conditions imposed by Council, becomes and is in full force and effect on the day next succeeding the 30-day period. However, should Council approve the action of the Commission within the 30-day period, the permit becomes in full force and effect from the date of the approval. Any decision to deny a permit to place, construct, or modify a wireless communication antenna and/or Tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Council.
(Ord. 3-98-03. Passed 3-17-98.)