A. Purpose: The purpose of this section is to provide specific regulations for the placement, construction and modification of antennas and telecommunication towers and associated equipment for wireless communication services. This is to further encourage placement of antennas and telecommunication towers in areas where their impact on surrounding property is minimized, and encourage users to collocate with existing uses and structures. All new antennas and telecommunication towers shall be subject to the regulations set forth in this title.
1. The provisions of this section are not intended and shall not be interpreted to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall any provision of this section be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services.
2. In the course of reviewing any request by an applicant to provide wireless communication service, the village shall act within a reasonable period of time after the request is duly filed with the village, taking into account the nature and scope of the request. Any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record.
3. The village may employ an independent technical expert to review any technical materials required by this section. The applicant shall pay all reasonable costs of the review, including any administrative costs incurred by the village.
B. Antennas:
1. Antennas On Existing Nontelecommunication Tower Structures: Any antenna which is not attached to a telecommunications tower may be approved by the director of community development, without a hearing or approval by the board of trustees and the plan commission, provided:
a. The antenna is mounted directly to a lawfully existing principal structure greater than forty feet (40') in height;
b. The antenna does not extend more than twenty feet (20') above the highest point of the structure;
c. The antenna complies with all applicable FCC and FAA, federal, state and local laws, codes, regulations and standards;
d. Any artificial illumination of the antenna and associated equipment may only be permitted when required by the FCC or the FAA;
e. All ancillary equipment to the antenna including, but not limited to, cable, conduit, connectors and/or an equipment enclosure used to house and protect the necessary electronic equipment is screened in accordance with subsection C11 of this section;
f. A building permit is obtained prior to construction/installation of the antenna.
2. Antennas On Existing Telecommunications Towers: Additional antennas may be permitted on lawfully existing telecommunications towers provided they adhere to the requirements set forth in subsection B1 of this section and get the approval of the director of community development, without a hearing or approval by the board of trustees and the plan commission.
C. Telecommunication Towers:
1. Application: A special use permit shall be obtained prior to the erection of any telecommunication tower and its associated equipment. Applications shall include, in addition to any requirements contained in title 8 of this code, those items listed below:
a. Legal description of the property on which the proposed wireless communication facility is to be located.
b. Identification of the owners of all wireless communication service facilities to be located at the site.
c. Written authorization from the owner of the facility site to apply on his/her behalf, if the landowner is not the owner of the wireless communication service facility.
d. Documentation that the proposed wireless communication service facility will comply with all applicable federal, state and local laws.
e. Plat of survey of the property on which the proposed wireless communication facility is to be located.
f. An inventory, including a current map, depicting the applicant's existing wireless communications facilities and/or antennas, that are either within the corporate limits of the village or within one and one-half (11/2) miles of the village corporate limits. This inventory shall include specific information about the location, height, design (including type of construction), owner/operator information (if available), and screening of each wireless communication facility. The map shall include all existing facilities and any proposed facilities and clearly note the separation distance between each of the wireless communication facilities identified.
g. A scaled site plan clearly indicating the location, type and height of the proposed wireless communication facility, on site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), zoning classification of the site and all properties within the application separation distances set forth in this section, adjacent roadways, proposed means of access, setbacks from the property lines, elevation drawings of the proposed wireless communication facility, and any other structures, topography, parking and other information deemed by the director of community development to be necessary to assess compliance with this section.
h. Structural engineering plans sealed by a licensed structural engineer showing the antenna and/or telecommunication tower type and number with a certification that the wireless communication service facility conforms to the current structural standards and wind loading requirements.
i. The setback distance between the wireless communication facility and the nearest residentially zoned properties.
j. A description of the availability and suitability of the use of existing telecommunications towers, other structures, or alternative technology, not requiring the construction or use of a new telecommunications tower and an explanation as to why these facilities are not suitable.
k. A landscape plan showing existing landscaping to remain and proposed landscaping in accordance with this title.
l. A photometric plan if lighting on the site is added, removed or modified.
m. Elevations depicting how the structure and associated equipment will be enclosed, screened and/or landscaped.
n. A notarized statement from the applicant as to whether the construction of the wireless communication facility will accommodate collocation of additional antennas for future users.
o. A description of the feasible location(s) of future wireless communication facilities within the village of Woodridge based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
p. Other information as the village may from time to time deem necessary.
2. Collocation: Wireless communication facilities shall be located on existing buildings or structures or existing communication towers wherever possible. No special use permit for a telecommunications tower shall be issued unless the applicant demonstrates to the reasonable satisfaction of the plan commission that no existing building, structure or telecommunication tower can accommodate the applicant's proposed antenna. In order to satisfy this requirement, the applicant shall submit evidence to the village which shall consist of one or more of the following:
a. No existing telecommunication towers or structures are located within the geographic area required to meet the applicant's engineering requirements.
b. Existing telecommunication towers or structures are not of sufficient height and size to meet the applicant's engineering requirements or do not have sufficient structural strength to support the applicant's proposed antenna.
c. The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing telecommunication tower or structure or the existing antennas would cause interference with the applicant's proposed antenna.
d. The applicant has sought and been denied the opportunity to collocate its antenna and equipment on an existing telecommunication tower or structure.
3. Future Collocation Requirement: When authorizing a special use permit for a telecommunication tower, the board of trustees may, in its sole discretion, require the design, construction and installation to be of a sufficient size and capacity to allow the location of an antenna of at least one additional provider in the future. Absent good cause shown by the applicant, any special use permit for a telecommunication tower shall be conditioned upon the agreement of the applicant to allow the collocation of other wireless communication providers on commercially reasonable terms. Failure to comply with this condition may result in the revocation of the special use permit.
4. Location Restriction: No telecommunication tower shall be located within one thousand five hundred feet (1,500') from any other existing telecommunication tower.
5. Lot Size: For purposes of determining whether the installation of a telecommunication tower or antenna complies with the district bulk regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the wireless communication facility may be located on leased parcels or easements within such lots.
6. Setbacks:
a. All wireless communication facilities shall adhere to the applicable zoning district bulk regulations with regard to setbacks.
b. A distance equal to one hundred ten percent (110%) of the height of the communication tower shall separate any telecommunication tower from the principal buildings on the subject lot and adjoining lots.
7. Maximum Height: No telecommunication tower shall exceed one hundred fifty feet (150') in height.
8. Design: All telecommunication towers and all ancillary equipment shall be of neutral colors unless otherwise required by the FAA or FCC.
9. Screening: All telecommunication towers shall be enclosed with security fencing consisting of either a solid wood fence or masonry wall six feet (6') in height.
10. Anticlimbing Devices: All telecommunication towers shall be equipped with appropriate anticlimbing device(s). The anticlimbing device(s) may not include barbed wire, razor wire or similar sharp barrier.
11. Landscaping: Telecommunication towers and ancillary equipment shall be landscaped including dense plantings a minimum of six feet (6') in height so as to provide the maximum screening for the base of the tower and all ancillary equipment. The landscaped buffer shall be a minimum of four feet (4') wide to provide a visual shield of the wireless communication facility. If the wireless communication facility is on a wooded lot, natural growth around the perimeter may substitute for parts of the buffer.
12. Tree Preservation: If trees must be removed in order to construct the telecommunications tower, the applicant shall adhere to the regulations set forth in section 9-13-3 of this title.
13. Lighting: Artificial illumination of the facility is only permitted when required by the FCC or the FAA.
14. Type: Whenever feasible a tower of the monopole type shall be installed instead of a lattice tower.
15. Code Compliance: All telecommunication towers, antennas and ancillary equipment shall comply with applicable federal, state and local laws, ordinance codes, rules, regulations and standards.
D. General Provisions:
1. At such time as the operator of a wireless communication facility plans to abandon or discontinue operation of the facility, the operator must notify the director of community development by certified mail of the proposed date of abandonment or discontinuation of operations. Such notice must be given no less than thirty (30) days prior to abandonment or discontinuation.
2. In the event that the operator fails to provide such notice, the facility will be deemed abandoned upon such discontinuation of operation.
3. Upon such abandonment or discontinuation of use, the operator must reactivate the use of the facility or transfer the facility to another owner/operator who begins actual use of the facility within a sixty (60) day period. If the operator does not transfer or reactivate the facility within the initial sixty (60) day period, the operator must physically remove the wireless communication facility within a second sixty (60) day period. "Physically remove" includes, but is not limited to:
a. Removal of tower, antennas, mount, equipment shelters or platforms and security barriers from the subject property;
b. Proper disposal of the waste materials from the site in accordance with the applicable solid waste disposal regulations;
c. Restoration of the location of the wireless communication facility to its natural condition, except that any landscaping and grading must remain.
4. At the earlier date of either the completion of the dismantling and removal or sixty (60) days from the date of abandonment without reactivation, any special use shall automatically expire.
5. No communication tower or antenna shall be permitted in any zoning district in the village unless it complies with all federal laws and regulations concerning its use and operation. Within sixty (60) days of any changes to such laws and regulations, the owner shall bring such facility into compliance, unless the law or regulation mandates a more stringent compliance schedule or grandfathers the facility. Failure to bring such facility into compliance with the revised law or regulation shall constitute grounds for the immediate removal of the facility at the owner's expense. (Ord. 2011-21, 5-12-2011)