(a) Applicants shall apply to the 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) A wireless communication antenna and/or tower shall not be constructed or erected except upon a permit issued by the Commission after a public hearing with advance notice of the hearing published in a newspaper of general circulation in the Village and by certified mail to all abutting property owners to the parcel on which the antenna and/or tower is to be located. The foregoing requirement of public notice and hearing may be waived by the Commission for the construction of a new antenna on an existing structure which application does not require the construction of a new tower or associated facilities. Any decision to deny a request 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 Commission.
(c) With the permit application to the 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 other 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 a registered engineer(s) 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 an effort to encourage collocation.
(d) Approval by the 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 of Council. If, within the 30-day period next succeeding such filing, Council by a majority vote disapproves the Board'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. 1997-19. Passed 3-26-97.)