The purpose of this chapter is to:
A. Provide for the appropriate location and development of communication towers and antennas to serve the residents and businesses of the village of Monee and the surrounding region.
B. Minimize adverse visual impacts of towers and antennas through careful design, siting, landscaping, screening and innovative camouflaging techniques.
C. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
D. Lessen traffic impacts on surrounding residential areas.
E. Maximize use of any new and existing communication towers to minimize the need to construct new towers, and minimize the total number of towers throughout the village and the region.
F. Maximize and encourage the shares used of tower structures as a primary option rather than construction of additional single use towers.
G. Promote the location of new communication towers in manufacturing districts and/or on municipally owned property. (Ord. 1046, 4-14-1999)
A. Location: Upon receipt of a conditional use permit and building permit and conditional on meeting all relevant criteria, freestanding communication towers may be located in the following zoning districts:
1. M-1 light industrial.
2. M-2 heavy industrial.
3. On municipally owned property (as an overlay district).
B. Building Codes; Safety Standards:
1. To ensure the structural integrity of communication towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.
2. Tower owners shall conduct periodic inspections of communications towers at least once every three (3) years to ensure structural integrity. Inspections shall be conducted by a licensed structural engineer, and the results of such inspections shall be provided to the board of trustees.
3. All guywires and all guyed towers shall be clearly marked to be visible at all times. All guywires shall be located a minimum of twenty feet (20') from any property line.
C. Regulatory Compliance:
1. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate communications towers and antennas. If such standards and regulations are changed, then the owners of the communications towers and antennas governed by this chapter shall bring such communications towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency.
2. Tower owners shall provide documentation showing that each communication tower is in compliance with all federal requirements. Evidence of compliance must be submitted every twelve (12) months.
D. Height: Communication towers may exceed the height limitations of the zoning district, provided they shall be set back from adjacent property lines the largest of the following distances, as may be applicable:
1. A distance of one hundred percent (100%) of the tower height from any school property, or improved public park area; or
2. The minimum setback in the underlying zoning district; or
3. The maximum collapsible fall zone for the proposed tower as specified.
E. Lot Size, Setbacks And Separations: The site shall be of a size and shape sufficient to provide an adequate setback from the base of the tower to any property line abutting a residential district, public property, or public streets. Such setback shall be sufficient to:
1. Provide for an adequate vegetative, topographic or other buffer as required in the area.
2. Preserve the privacy of surrounding residential property.
3. Protect adjoining property from the potential impact of tower failure by being large enough to accommodate such failure on the site.
4. Provide a setback equal to the height of the tower to any property line abutting a residential district, public property, or public street.
5. Provide a setback equal to or exceeding the rear yard setback required for the adjoining property where the adjoining property is not in a residential district nor a public property or a public street.
6. Placement of more than one tower on a lot shall be permitted, provided all setback, design and landscape requirements are met as to each tower. Structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not lead to multiple failures in the event that one fails.
7. For a guyed structure, the site shall be of a size and shape sufficient to provide a setback equal to at least the height of the tower from a guy anchor to any property line abutting a residential district, public property, or public street in addition to the size requirements of this chapter.
8. All structures and uses associated with the transmission use other than the transmission tower shall be located to meet the setbacks required in the zoning district where the tower is to be located. To encourage and accommodate shared use of a tower, the board of trustees may waive or reduce setback requirements of these structures and uses by up to fifty percent (50%) to accommodate the placement of additional buildings or other supporting equipment at a tower site.
9. No freestanding communication tower shall be allowed within a two thousand foot (2,000') radius of an existing tower currently existing within a residential area.
F. Shared Use Of Towers And Tower Sites: If shared use of an existing or approved tower or an existing or approved tower site is not proposed, the applicant shall demonstrate that the proposed equipment cannot be accommodated on an existing or approved tower or an existing or approved tower site for the following reasons:
1. The proposed equipment would exceed the structural capacity of the existing or approved towers and reinforcement of the existing or approved towers cannot be accomplished at a reasonable cost.
2. The proposed equipment will cause RF (radio frequency) interference with other existing or proposed equipment for that tower or that existing or approved tower site and the interference cannot be prevented at a reasonable cost.
3. Existing or approved towers or the existing or approved tower site does not have adequate space to accommodate the proposed equipment.
4. Addition of the proposed equipment would result in NIER (nonionizing electromagnetic radiation) levels which exceed any adopted local, federal or state emission standards.
5. There are other valid reasons that make it impractical to place the proposed equipment on any existing or proposed tower or any existing or approved tower site.
G. Visual Impact:
1. Towers shall either maintain a galvanized steel finish, or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutral color, to reduce visual obtrusiveness.
2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.
3. Towers clustered at the same site shall be of similar height and design.
4. Towers shall be the minimum height necessary to provide parity with existing similar tower supported antennas, and shall be freestanding where the negative visual effect is less than would be created by use of a guyed tower.
H. Landscaping: Landscaping shall be used to effectively screen the view of the tower compound from adjacent public ways, public property, and residential property, and shall be as follows:
1. For towers one hundred fifty feet (150') tall or less, a buffer area no less than six feet (6') wide shall commence at the property line.
2. The buffer zone is to consist of materials of a variety which can be expected to grow to form a continuous hedge at least five feet (5') in height within two (2) years of planting.
3. Trees and shrubs in the vicinity of guywires shall be of a kind that would not exceed twenty feet (20') in height or would not affect the stability of the guys, should they be uprooted, and shall not obscure visibility of the anchor from the transmission building or security facilities and staff/maintenance.
4. Existing vegetation on the site shall be preserved to the maximum extent possible.
5. Landscaping will be addressed in the site plan.
I. Easement: A minimum twenty foot (20') easement or right of way for access shall be provided to the tower which is adequate to accommodate maintenance and emergency vehicles, and which is improved with a dust free, all weather surface sufficient to accommodate the weight of vehicles proposed to use the easement or right of way subject to approval by the village board. The right of way or easement shall be maintained by the landowner or lessee.
J. Parking: A minimum of two (2) off street parking spaces shall be provided on the tower site, plus one off street parking space for each on site personnel.
K. Security: Communication towers shall be enclosed by decay resistant security fencing not less than six feet (6') in height, with self-latching gate, and shall be equipped with an appropriate anticlimbing device.
L. Accessory Uses: Accessory structures used in direct support of a tower shall be allowed but not for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or pared on the site of the tower, unless repairs to the tower are being made.
M. Advertising: No advertising is permitted on an antenna or tower.
N. Lighting: No illumination is permitted on an antenna or tower unless required by the FCC, FAA, or other state or federal agency of competent jurisdiction. All required lighting shall be shielded and reflected away from adjoining properties. The board of trustees may review lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.
O. Procedures For Siting A Communication Tower: A scaled site development plan shall be prepared to show precisely the location of the tower in its site, support buildings on the ground, guy anchors, and access to the site and parking areas. The applicant shall submit evidence that the tower and its method of installation has been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepted engineering practice. The applicant shall include, from a registered engineer or architect responsible for designing the proposed tower, a specification of the maximum collapsible fall zone of the proposed tower. Such plans shall be reviewed and decided according to the provisions of this section as well as those regulating special uses in this chapter.
P. Removal Of Towers And Antennas: The applicant shall submit proof that it has guaranteed removal of any tower which becomes obsolete or abandoned and that adequate financial security has been posted to cover the cost of such removal.
Q. Ownership: Each tower owner shall inform the village of any changes in ownership or responsibility for a tower immediately after the change occurs.
R. Duties And Burdens: The applicant shall have both the duty of initial presentation of evidence and the burden of persuasion with respect to the criteria of this chapter.
S. Rooftop Mounted Devices: Rooftop mounted communications towers and antennas may be located on any nonresidential buildings and alternative tower structures so long as:
1. Such tower or antenna is set back from any existing or planned off site residence and separated from any residentially zoned property at least a distance equal to two (2) times the full height of the tower and antenna, but in no event less than one hundred feet (100').
2. The existing freestanding nonresidential structure other than a tower on which such tower or antenna will be placed is fifty feet (50') in height or greater and the tower and antenna will add no more than fifteen feet (15') total to the height of said existing structure.
3. No advertising is permitted on an antenna or tower.
4. No signs or illumination are permitted on an antenna or tower unless required by the FCC, FAA, or other state or federal agency of competent jurisdiction in which case the board of trustees may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.
5. The number and location of antennas, communication towers or other receiving or transmitting devices located on a single structure is not excessive and does not adversely affect adjacent properties and views. (Ord. 1046, 4-14-1999)