A. Purpose; Goals:
1. The purpose of this Chapter is to establish general guidelines for the siting of towers and antennas.
2. The goals of this Chapter are to:
a. Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;
b. Encourage strongly the joint use of new and existing tower sites;
c. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
d. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and
e. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.
B. Principal Or Accessory Use: Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot or parcel shall not preclude the installation of an antenna or tower on such lot or parcel. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot or parcel shall control, even though the antennas or towers may be located on leased parcels within such lots or parcels. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this Chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
C. Inventory Of Existing Sites: Each applicant for an antenna and or tower shall provide to the Village an inventory of its existing towers that are either within the jurisdiction of the Village or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Village may share such information with other applicants applying for permits under this Chapter or other organizations seeking to locate antennas within the Village, provided, however, that the Village is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
D. Aesthetics: The guidelines set forth in this Section shall govern the location of all towers, and the installation of all antennas, governed by this Chapter; provided, however, that the Village may waive these requirements to the extent necessary if it determines that the goals of this Chapter are better served thereby.
1. Finish: Towers shall have a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.
2. Design: 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 existing structures.
3. Supporting Structure: If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
4. Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Village shall review the available lighting alternatives and approve the design that would cause the least visual disturbance. No illumination system may be utilized to illuminate the support building or the balance of the installation, except as explicitly required by Federal law.
E. Federal Requirements: All installations must comply with the National Environmental Policy Act of 1969, all other applicable Federal and State laws and regulations, as well as the standards contained in the Wadsworth Building Code 1 and must specifically meet or exceed current standards and regulations of the FAA, the FCC, and any other applicable Federal or State regulations. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Chapter shall bring such 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. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
F. Building Codes; Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with the Village Building Codes 2 and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Village concludes that a tower fails to comply with such codes and standards, and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the Village may remove such tower at the owner's expense.
G. General Criteria For All Installations:
1. A cash bond to be deposited equivalent to one hundred twenty five percent (125%) of the estimated cost of maintenance for a ten (10) year period and the cost of removal and disposal of the entire installation, as determined by the Village Engineer or such other expert designated by the Village from time to time.
2. As to each installation, the entire site, including the tower and outbuilding, must be kept maintained and in good condition, as reasonably determined by the Village Engineer. If the owner of the installation fails to maintain the site, the Village, upon thirty (30) days' prior written notice, or in the event of an emergency such prior notice, if any, which is practicable, may perform the necessary repairs, maintenance, or removal of the installation, as it deems appropriate, and all costs so incurred shall be the responsibility of the owner of the installation.
3. No installation may be situated within five hundred feet (500') of residence situated in an SE, SR, or SD District. No installation shall be permitted in the Historic Overlay District or within any scenic corridor.
4. Sufficient vegetative screening shall be installed so that within ten (10) years of planting, the base portion of the site, to a height of twenty five feet (25'), shall not be visible from any adjacent parcel, or a public right of way, when viewed from six feet (6') above existing grade on the adjacent parcel or right of way. All trees to be planted shall be of approved type as specified in the Wadsworth Landscape Ordinance 3 .
5. No permit shall be issued if another technology is reasonably available that eliminates the need for a communication tower.
6. The base support building shall not exceed twelve feet (12') in height nor shall the footprint of the building be larger than twelve feet by fifteen feet (12' x 15'). For multiple user installations, the footprint may be expanded if reasonably necessary, provided that the footprint shall be no larger than absolutely necessary and shall be subject to the prior review and approval of the Plan Commission. Each such building must have a conventional peaked roof, as opposed to a flat roof, to facilitate its melding into the community.
7. For all new installations, the tower shall be constructed in such a fashion to accommodate three (3) antenna/transmitter devices. Competitors shall be required to collocate their respective facilities on the same installation to the extent reasonably possible, with each party responsible for its proportionate share of the cost of the facilities. In the event that said parties cannot agree on the appropriate allocation of costs, then each party shall appoint an arbitrator, who collectively shall select an additional arbitrator, who shall thereafter as a panel arbitrate the dispute and issue a binding decision on the respective parties.
8. No tower shall be located in such a fashion that if it were to collapse it could fall on any structure which is occupied by humans, excluding the support building, or could fall off-site from the parcel upon which it is located.
9. The installation must be operated in such a fashion so that it does not disrupt television or radio signals to residents or occupants within the Village, impact on hearing aid operation or other medical devices such as pacemakers, or otherwise disrupt or have a harmful effect on any existing operations, installations, or technologies existent within the Village.
10. No installation may be installed in any wetland or flood plain, nor in any other location where it is likely to harm or cause damage to human or animal life or to property. Notwithstanding the foregoing, the tower portion of the installation may be located in a conservancy district area if no damage would occur to the conservancy district area and the tower would be structurally sound.
11. The permittee must indemnify and hold harmless the Village from any and all liability on a Village-approved form.
12. The permittee shall post and maintain in full force and effect a general liability policy with the Village as named insured in an amount no less than three million dollars ($3,000,000.00) per occurrence and five million dollars ($5,000,000.00) in the aggregate.
13. The maximum height of the tower shall not exceed one hundred twenty five feet (125') above existing grade at the situs of the tower.
14. The permittee must obtain and maintain all required Federal licenses and permits, and effectuate and maintain all required registrations.
15. A landscape plan must be reviewed and approved by the CTC, or the Plan Commission, if a conditional use permit is required.
16. The permittee must demonstrate that other facilities are not reasonably available for intended installation, such as, but not limited to, towers of competitors and other available towers or sites such as Commonwealth Edison transmission towers.
17. The permittee must demonstrate sufficient financial resources to install, maintain, and operate the installation and associated tower grid. Towers built on speculation by applicants who do not have the ability to provide service are prohibited.
H. Permit Fee: The permit applicant shall pay a permit fee of one thousand dollars ($1,000.00) at the time of permit application. (Ord. 98-494, 2-17-1998)
Notes
| 1 | 1. See Title 8, Chapter 1 of this Code. |
| 2 | 2. See Title 8, Chapter 1 of this Code. |
| 3 | 1. See Title 12 of this Code. |