A wireless telecommunication facility is subject to the provisions of the appropriate chapter governing conditional zoning certificates for the zoning district in which it is to be located and is subject to all requirements of this chapter, including the following items to be considered for review, upon application for a permit:
(a) All towers shall be of a monopole design, as opposed to a lattice or guy wire design.
(b) The applicant shall demonstrate that the telecommunication tower must be located where it is proposed in order to service the applicant's service area. There shall be in writing an explanation of why a tower and this proposed site is technically necessary and that the wireless telecommunication antenna(s) reasonably serves the purpose for which it is intended within the band width of frequencies for which the owner or operator of the antenna(s) has been licensed by the FCC to operate without a significant loss of communication capability within developed areas of the Village.
(c) When a tower is modified or additional equipment is to be located on an existing tower, the applicant shall provide written documentation from an Ohio registered Engineer that the existing structure is capable of holding the modified or additional equipment and that the tower is structurally sound.
(d) All applicants for construction of wireless telecommunication towers shall be required to construct on a base tower structure and structure foundation that is designed to be buildable up to, but not including, 200 feet above the finished grade. Such structure shall be designed to have sufficient structural loading capacity to accommodate at least three antenna platforms of equal loading capacity for three separate providers of service to be located on the structure when constructed to the maximum allowable height. The wireless telecommunication facility shall also be designed to show that the applicant has enough space on its site plan for an equipment shelter large enough to accommodate at least three users of the facility. If an equipment shelter is initially constructed to accommodate only one user, space shall be reserved on site for equipment shelter expansions to accommodate up to at least three users. Agreement to this provision must be included in the applicant's lease with the landowner, if different from the owner/operator of the tower. Written documentation must be presented to the Zoning Inspector evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this section. As an additional condition of issuing a zoning certificate, the owner/operator/applicant agrees to respond to any inquiries regarding co-location within 30 days after receipt of a written inquiry.
In all circumstances, owners of existing towers shall promptly respond in writing to requests for collection, but in no event shall they respond more than 30 days from the date of receipt of a written request for collocation. Copies of all written requests to collocate and all written responses shall be sent to the Zoning Inspector.
(e) The applicant requesting permission to install a new tower shall provide evidence there is no technically suitable space for the applicant's antenna(s) and related facilities reasonably available on an existing tower within the geographic area to be served. With the zoning certificate application, the applicant shall list the location of every tower, building or structure that could support the proposed antenna(s) or area where it would be technically suitable to locate so as to allow it to serve its intended function. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower. If another existing tower is technically suitable, the applicant must demonstrate that it has made written request to co-locate on the existing tower and the co-location request was rejected by the owner of the tower. In all circumstances, owners of existing towers shall promptly respond in writing to requests for collocation, but in no event shall they respond more than thirty days from the date of receipt of a written request for co-location. If another telecommunication tower is technically suitable, the applicant must further show that it has offered to allow the owner of that other tower to collocate an antenna(s) on another tower within the Village which is owned or controlled by the applicant, if available, on commercially reasonable terms and the offer was not accepted. In all cases, the Village shall use its best efforts to encourage co-location.
(f) Where the telecommunication facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that the vehicular access is provided to the facility.
(g) The wireless telecommunication facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance (except during construction or an emergency).
(h) The applicant shall provide at a scale of 1" = 50' a plot plan of the entire site and shall indicate all buildings, and building uses, driveways, roadways, utilities, power lines, water wells, and elevations within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan. The applicant shall provide a vicinity map showing the location of all towers within a two-mile radius of the site.
(i) Security fencing six feet to eight feet in height shall surround the tower and equipment shelter, either completely, or individually as determined by the Commission.
(j) The location of the tower and equipment shelter shall comply with all natural resource protection standards established in the Zoning Code, including those for erosion control, grades, wetlands and steep slopes.
(k) The applicant shall provide at a scale of 1" = 50' a landscape plan of the entire site and shall indicate how the wireless telecommunication facility will be screened from adjoining uses.
(l) A buffer area of not less than ten feet in depth shall be placed between the wireless telecommunications facility and the public rights of way, and any property lines. The ten foot buffer area shall consist of rows of evergreen trees planted five feet on center with a maximum height of six feet or other plantings as deemed appropriate by the Commission. The landscaping shall be continuously maintained and promptly restored, if necessary.
(m) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(n) The applicant must provide written certification from an Ohio registered Engineer that the antenna(s) and/or tower(s) to be constructed are in compliance with all applicable federal, state, and local regulations pertinent to the construction. The applicant shall provide a soil report showing compliance with all applicable laws and verifying the design specifications of the foundation for the monopole tower. Towers and antennas shall be designed to withstand sustained winds and ice accumulation as required by the Ohio Building Code. Additionally prior to receiving final approval by the Commission documented certification shall be submitted to the Commission and Village Engineer, certifying that the wireless telecommunication facility complies with all current FCC regulations for non-ionizing electromagnetic radiation (NIER).
(o) Unless otherwise required by the FAA, the tower shall be a non-contrasting gray or similar color minimizing its visibility.
(p) The owner/operator shall provide to the Zoning Inspector an "Emergency Procedure Plan" identifying who will be notified and what remedy processes will be used in case of emergency.
(q) No advertising is permitted anywhere on the facility, with the exception of one identification sign which is non-illuminated and no larger than two square feet. A minimum number of "no trespassing" signs will be permitted.
(r) Where lighting of the facility is required by the FAA, the lighting for the tower shall be a red fading light or the most visually non-obtrusive "state of the art" lighting available, unless otherwise required by the FAA.
(s) The owner/operator shall provide a plan for periodic maintenance, which details maintenance, repair and dismantling procedures that comply with good industry practices. On each biennial anniversary of the issuance of the building permit for a wireless telecommunication facility or not more than ninety days prior thereto, the owner/operator shall submit to the Village a report prepared by a licensed professional engineer(s) which shall verify continued compliance of the facility with all governmental requirements including, but not limited to, the structural integrity and stability of any towers or antennas, electrical safety standards, and auxiliary power source safety standards.
(t) Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Commission.
(u) Underground equipment shelter(s) are encouraged, and may be required by the Commission where an aboveground equipment shelter would substantially diminish the use and enjoyment of an adjoining property.
(v) Outdoor storage of any supplies, vehicles or equipment is prohibited, except during any construction period or to supply emergency power during a power outage.
(w) All utility lines from the utility source to the wireless telecommunication facility shall be underground.
(Ord. 25-2011. Passed 9-20-11.)