(a) Existing Structures; Policy. Personal wireless service facilities shall be located on existing structures, including but not limited to buildings, water towers, existing telecommunications facilities, utility poles or towers, and related facilities, provided that such installation preserves the character and integrity of those structures.
(b) Existing Structures; Burden of Proof. The applicant shall have the burden of proving that there are no existing structures which are suitable to locate its Personal Wireless Service Facilities and/or transmit or receive radio signals. To meet the burden, the applicant shall take all the following actions to the extent applicable:
(1) The applicant shall submit to the Village of Waite Hill a list of all contacts made with owners of potential sites regarding the availability of potential space for a personal wireless service facilities. If the Village of Waite Hill informs the applicant that additional existing structures may be satisfactory, the applicant shall contact the property owners(s) of those structures.
(2) The applicant shall provide copies of all letters of inquiry made to owners of existing structures and letters of rejection. If letters of rejection are not provided, at a minimum, unanswered "Return Receipt Requested" forms from the U.S. Post office shall be provided for each owner of existing structures that was contacted.
(3) If the applicant claims that a structure is not capable of physically supporting a personal wireless service facilities, this claim must be certified by a licensed professional civil or structural engineer. The certification shall, at a minimum, explain the structural issues and demonstrate that the structure cannot be modified to support the Personal Wireless Service Facilities without unreasonable cost. The estimated cost shall be provided to the Village of Waite Hill.
(c) Right-of-Way.
(1) The Village of Waite Hill prefers that personal wireless service facilities locate in a right-of-way owned by the Village. The second preference is that personal wireless service facilities locate in a right-of-way owned by another public agency.
(2) The Village of Waite Hill prefers that personal wireless service facilities within a right-of-way be placed on existing or replaced utility poles or light standards. The second preference is that personal wireless service facilities be ground-mounted in the right-of-way to appear like a utility pole or light standard.
(d) New Personal Wireless Service Facilities. New personal wireless service facilities may be located only on properties not residentially used but otherwise occupied properties, and shall be subject to the regulations set forth in this chapter and the regulations of the particular zoning district in which the personal wireless service facilities is proposed to be located but only to the extent such regulations do not conflict with the regulations set forth in this chapter. Such facilities may be located in residential zoning districts so long as they are not located on residentially used parcels or upon vacant or unused parcels and shall be subject to the regulations set forth in this chapter and the regulations of the particular zoning district in which the facility is proposed to be located but only to the extent such regulations do not conflict with the regulations set forth in this chapter.
(e) All personal wireless service facilities up to 100 feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Such facilities in excess of 100 feet in height shall be set back one additional foot per each foot of personal wireless service facility height in excess of 100 feet.
(Ord. 1998-9. Passed 3-9-98.)