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The following requirements and regulations shall apply to all wireless telecommunications facilities located within the Village:
(a) Wireless telecommunications facilities to be used to support antennae for use in the provision of cellular telephone, personal communication services, specialized mobile radio, AM and FM radio, microwave and television systems, common carriers and other like distribution systems may be erected in the Community Facilities, Restricted Industrial and Limited Industrial Districts provided:
(1) The wireless telecommunications tower shall be of monopole construction;
(2) The wireless telecommunications tower shall not require any guy wires;
(3) The wireless telecommunications tower shall not exceed two hundred feet in height from finished grade to the uppermost point of the tower or of any antennae or lightning rod attached thereto;
(4) The minimum setback of the wireless communications tower from the nearest residential use or district shall be a distance of at least 500 feet, "setback" means the distance from the property line to the nearest part of the tower;
(5) Security fencing eight feet in height shall surround the wireless telecommunications tower and the wireless telecommunications equipment shelter either completely or individually as determined by the Planning Commission;
(6) A comprehensive landscaping plan of evergreen hedges or evergreen shrubs to be planted around the security fencing as approved by the Planning and Zoning Commission is provided to minimize the visual impact at base elevation with existing trees and shrubs to be preserved to the maximum extent possible;
(7) The wireless telecommunication tower shall be painted a noncontrasting gray or similar color approved by the Planning and Zoning Commission, unless otherwise specifically required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA);
(8) No advertising is permitted on or at the facility;
(9) Facilities shall be kept in a state of good condition and repair and said facility must remain free of trash, outdoor storage, weeds and other debris;
(10) Obsolete, discontinued, and/or unused facilities shall be removed within twelve months of ceasing operation;
(11) No wireless telecommunications tower under one hundred fifty feet from finished grade shall be lighted except when required by the FAA. Any such tower between one hundred fifty feet and two hundred feet from finished grade shall have safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the wireless telecommunication equipment shelter is permitted.
(b) Equipment, mobile or immobile shall not be stored or parked on or at the site except in connection with the repair or maintenance of the wireless telecommunications facility;
(c) No employees shall be employed on a regular basis at the wireless telecommunication facility installation site; shall visit the facility only for periodic and necessary maintenance or during an emergency, and such facility shall be fully automated and unattended on a daily basis;
(d) All applicable FAA and FCC requirements and regulations are met and written evidence of such is provided to the Planning Commission prior to its approval. Written evidence of legal access to the wireless telecommunications facility site facility shall be provided by the applicant to the Planning and Zoning Commission which legal access shall be maintained in perpetuity regardless of any other development that may take place on the site;
(e) A telephone number shall be prominently displayed and maintained at the wireless telecommunication facility of whom is to be contacted in the event of an emergency and shall also be provided to the Mayor, Zoning Inspector, Building Department, Chief of Police, and the Fire Department;
(f) Any wireless telecommunication equipment shelter shall not exceed two hundred fifty square feet in area and the total square feet of area of all such shelters for any wireless telecommunications facility shall not exceed seven hundred fifty square feet in area. All shelters shall have facades constructed of materials as deemed appropriate by the Planning and Zoning Commission and, in no case, shall be metal. Any such shelter shall not exceed twelve feet in height above finished grade;
(g) Any driveway, access drive and/or parking area used as part of said facility shall be constructed of a sealed, dustless surface of asphalt or concrete.
(a) A Conditional Use Permit, as per Chapter 1181, and a Certificate of Zoning Compliance as per Chapter 1183 are required for a wireless telecommunications facility. A site plan shall be submitted as part of the zoning permit, and shall include all information as part of each permit and the following information:
(1) Existing topography with a maximum of five foot contour intervals;
(2) Proposed finished grade of the development shown by a maximum of five- foot contour intervals;
(3) The location of all existing buildings and structures and the proposed location of the facility and support structures including square footage, dimensions, heights and gloss floor of buildings or structures;
(4) The location and dimensions of all curb cuts, driving lanes, off-street parking and loading areas including number of spaces, grades, surfacing materials, drainage plans and illumination of the facility;
(5) The location and dimensions of proposed sidewalks, fences, landscaping, screening and/or walls;
(6) The location of all existing and proposed public streets and utilities;
(7) Schedule of any phasing of the project including completion date;
(8) A statement concerning any visual or environmental mitigation proposed by the applicant;
(9) Distances from proposed facility to existing buildings or structures and distance from residential zoning districts;
(10) A diagram showing all other wireless telecommunication facilities that exist or are proposed by the applying wireless communication provider and their coverage area within two miles of a proposed wireless telecommunication facility. Additionally, applicant shall provide a diagram showing the locations of all other wireless telecommunication facilities within two miles of the proposed wireless communications facility;
(11) A diagram showing the grid system of coverage for proposed wireless telecommunication facility;
(12) Any other information as may be required by the Planning and Zoning Commission and/or Zoning Inspector to determine the conformance with the Village's Codified Ordinances and/or to ensure the protection of the public health, safety and welfare of the Village. Said requested information shall be provided to the applicant in a timely fashion.
(b) A non-refundable fee of one hundred fifty dollars ($150.00) for the Conditional Use Permit and a non-refundable fee twenty-five dollar ($25.00) for Zoning Certificate shall be paid to the Village for each application for a wireless telecommunication facility.
COMMISSION RELATIVE TO NEED.
The Planning and Zoning Commission, in addition to the general standards and considerations shall use the following criteria in reviewing a wireless telecommunication facility conditional use application:
(a) The applicant shall demonstrate, using the latest technological evidence, that the facility is placed where it is proposed in order to satisfy its necessary function in the applicant's grid system;
(b) The applicant shall demonstrate in writing that the proposed wireless telecommunications facility complies with all state and federal laws and regulations concerning aviation safety;
(c) The applicant requesting permission to install a new wireless telecommunications tower shall provide evidence of all wireless telecommunications service providers who supply service within two mile of the proposed wireless telecommunications facility;
(d) The applicant shall inquire about potential collocation opportunities at all technically feasible locations. Providers who have been contacted shall be requested to respond in writing to the applicant's inquiry within thirty days. The applicant's letter(s) as well as the responses shall be presented to the Planning Commission prior to its approval as a means of demonstrating the need for the tower.
Any decision to deny the conditional use permit and zoning certificate to place, construct or modify a wireless telecommunications antenna and/or wireless telecommunications tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning and Zoning Commission.