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Village of Stevensville, MI
Berrien County
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[Ord. No. 100-5, § II, 12-15-2000]
(a) 
The purpose of this article is to provide a procedure for the application process, for wireless communication facilities and if approved and allowed, the subsequent placement, construction, and maintenance of such facilities that utilize the radio frequency spectrum for the purpose of transmitting, re-broadcasting or receiving radio signals. It is the general purpose and intent of the Village to carry out the will of the United States Congress and the Federal Telecommunications Act of 1996, which authorizes communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the Village to provide for such authorization through appropriate regulation that will protect and promote public health, safety, community welfare, aesthetic quality, and property values of the community at large. In fashioning and administrating the provisions of this article, attempt has been made to balance these potentially competing interests. In fashioning and administering the provisions of this article the Village is mindful that regulations may not unreasonably discriminate among providers or prohibit the provision of wireless communication services.
(b) 
Recognizing the number of providers authorized to establish and operate wireless communication services and coverage, it is further the purpose and intent of this article to:
(1) 
Facilitate the adequate and efficient provision of sites for wireless communication facilities.
(2) 
Establish predetermined districts of the number and in the location considered best for the establishment of wireless communication facilities, subject to applicable standards and conditions.
(3) 
Ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.
(4) 
Limit inappropriate physical and aesthetic overcrowding of land use activities.
(5) 
Promote the public health, safety, and welfare.
(6) 
Provide for adequate information about plans for wireless communication facilities in order to permit the community to effectively plan for the location of such facilities.
(7) 
Minimize the adverse impacts of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner.
(8) 
Minimize the negative visual impact of wireless communication facilities on neighborhoods, community landmarks, historic sites and buildings, natural beauty areas, and public rights-of-way. This contemplates the establishment of as few structures as reasonably feasible, and the use of structures which are designed for compatibility, including the use of existing structures and the avoidance of new freestanding structures.
(9) 
Promote collocation of wireless communication facilities to minimize the adverse impact from the presence of numerous tower structures having low architectural and other aesthetic appeal to most persons, recognizing that the absence of regulation would result in a material impediment to the maintenance and promotion of property values, and further recognizing that this economic component is an important part of the public health, safety and welfare.
[Ord. No. 100-5, § III, 12-15-2000]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ANTENNA
Means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless communications signals, or other communication signals.
ATTACHED WIRELESS COMMUNICATION FACILITIES
Mean wireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, and the like. A wireless communications support structure proposed to be newly established shall not be included within this definition.
COLLOCATION
Means the location of two or more wireless communication providers of wireless communication facilities on a common structure, tower or building, in an effort to reduces the overall number of structures required to support wireless communication antennas within the community.
PREEXISTING WIRELESS COMMUNICATION FACILITY
Means and includes any structure, accessory facility, or antenna for which a building permit or special use permit has been properly issued prior to the effective date of the ordinance from which this article is derived.
WIRELESS COMMUNICATION FACILITIES
Mean and include all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. The term "wireless communication facilities" may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay facilities, telephone transmission equipment building and private and commercial mobile radio facilities. Not included within this definition are: citizen band radio facilities; short-wave receiving facilities; radio and television broadcast reception facilities; federally licensed amateur (ham) radio facilities; satellite dishes, and governmental facilities which are subject to state or federal law or regulations which pre-empt municipal regulatory authority.
WIRELESS COMMUNICATION SUPPORT STRUCTURES
Mean structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles, and guide towers, or other structures which appear to be something other than a mere support structure.
[Ord. No. 100-5, § IV, 12-15-2000; Ord. of 12-12-2002]
(a) 
New wireless communication facilities. All new wireless communication facilities in the Village shall be subject to this article, except as otherwise provided herein.
(b) 
Preexisting wireless communication facilities. All wireless communication facilities existing on the date of passage of the ordinance from which this article is derived shall be allowed to continue as they presently exist, but will be considered a legal, nonconforming usage. Such facilities may be continued so long as they remain otherwise lawful subject to regulation under the following provisions:
(1) 
Article XII, site plan review procedures and the provisions as outlined in Article XVIII of Chapter 36, pertaining to nonconforming uses.
(2) 
General maintenance to the nonconforming facility, such as painting and repairs, be permitted to ensure minimal negative visual impact, and such maintenance shall be required to be performed in compliance with this article.
(3) 
Collocation of antennas on legally existing nonconforming communications facilities shall be considered a permitted use on the nonconforming structure; providing, that such collocation is in conformity with the requirements of this article.
(c) 
Permitted uses. Antennas which are themselves not more than 30 feet in height and which are located on legally existing electric transmission towers are deemed to be permitted uses and shall not require administrative approval or special use permits:
(d) 
Administratively approved uses. The following uses may be approved by the administrative approval committee after conducting an administrative review:
(1) 
Wireless communication facilities located on property owned, leased, or otherwise controlled by the Village; provided, a license or lease authorizing same, has been approved by the Village Council. The placement of wireless communication facilities on such property, however, shall, with the exception of Section 30-44, comply with all of the requirements of this article including Sections 30-43, 30-45.
(2) 
An attached wireless communication facility may be approved by the administrative approval committee as an accessory use to any commercial or industrial structure provided that:
a. 
The antenna does not extend more than 30 feet above the highest point of the structure.
b. 
The antenna complies with all applicable FCC and FAA regulations.
c. 
The antenna complies with all applicable building codes.
d. 
The existing structure which will serve as the attached wireless communication facility is not in the discretion of the administrative approval committee proposed to be either materially altered or materially changed in appearance.
(3) 
Collocating or locating an antenna on an existing wireless communication support structure may be approved by the administrative approval committee. This collocation of antennas by more than one carrier on such structures shall take precedence over the construction of new structures; provided, such collocation is accomplished in a manner consistent with the following:
a. 
A wireless communication support structure which is modified to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower.
b. 
An existing wireless communication support structure may be modified to a taller height not to exceed 199 feet from grade. Such modification may occur only once. The additional height permitted by this section shall not require an additional distance separation.
(4) 
The following procedures shall govern the issuance of administratively approved uses:
a. 
Each applicant for administrative approval shall submit the following information, along with a nonrefundable fee as established by the Village Council to reimburse the cost to the Village for reviewing the application:
1. 
A scaled site plan in conformity with Section 36-352 or meeting modified requirements within the discretion of the administrative approval committee. Said site plan shall clearly indicate the location, type, and height of the existing wireless communication support structure, setbacks from property lines, elevation drawings of any proposed structure; and topography of the lot.
2. 
A legal description of the lot and the leased parcel as applicable.
3. 
Evidence of the tower or structure owner's consent to place the proposed antenna.
4. 
The setback distances of any newly proposed buildings and structures.
5. 
A landscape plan showing a specific landscape materials.
6. 
A signed and notarized statement by the applicant certifying compliance with all applicable federal, state, and local laws.
7. 
A signed and notarized statement of the applicant as to whether the collocation of the proposed antenna will accommodate collocation of additional antennas for future users.
8. 
The identification by name and address of the entity that seeks to locate an antenna on an existing wireless communication support structure.
9. 
The submittal of an application for a building permit as required by the Village.
10. 
A scaled drawing showing the square footage of any proposed structure such as a new shelter, accessory structure, or cabinet serving the wireless communication facility.
11. 
A signed and notarized statement by the applicant representing that any new structure such as a shelter or cabinet serving the wireless communication facility will be locked and secured.
12. 
A signed and notarized statement by the applicant certifying that notice has or will be given to the local assessor of the proposed collocation.
b. 
The administrative approval committee shall review the application for administrative approval, and as a condition for such approval, must determine that the proposed use complies with the requirements for approval under this article, including those requirements necessary for the granting of a special land use permit for wireless communication facilities. The application shall first be submitted to the zoning administrator for purposes of determining if the requisite information has been provided, and for receiving the nonrefundable fee as established by resolution of the Village Council. The administrative approval committee shall then respond to each such application within 60 days after receiving it either by approving or denying the application. If the administrative approval committee fails to respond to the applicant within 60 days, the application shall be deemed approved. If an administrative approval is denied, the applicant shall be required to file an application for a special land use permit pursuant to Section 30-43 prior to filing any other appeal that may be available under this article or applicable law.
[Ord. No. 100-5, § V, 12-15-2000]
(a) 
Permit. If a wireless communication facility is not permitted as either a permitted use or an administratively approved use, then a special use permit shall be required for the construction of such facility.
(b) 
Application. An application shall be submitted by the owner of record with the application fee as required by Village Council resolution. Such application shall be submitted to the Village Clerk, or council designee, who shall then review the application for completeness, pursuant to the conditions contained herein. Applications for special use permits under this section shall be subject to the procedures and requirements of Article XIV of Chapter 36, except as modified by this article.
(c) 
Contents. In addition to the information required on the application form, an application submitted under this article shall include:
(1) 
A statement describing the efforts by the applicant in determining the feasibility of collocation. If collocation is unavailable or not practical the applicant shall provide a statement which identifies the facts, characteristics and/or circumstances which render collocation unavailable or technically not practical for the coverage area and capacity needs. Any such documentation must be verified by a certified state professional engineer. In determining the feasibility of collocation no new wireless communication support structure or antenna shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing wireless communication support structure, antenna, other structure, or alternative technology can accommodate the applicant's proposed antenna by showing evidence that may consist of the following:
a. 
No existing towers, antennas, or other structures are located within the geographical area which meet the applicant's engineering requirements.
b. 
Existing support structures, antennas, or other structures are not of sufficient height to meet the applicant's engineering requirements.
c. 
Existing wireless communication support structures, or other structures do not have sufficient strength to support the applicant's proposed antenna and related equipment.
d. 
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing wireless communication support structure, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
e. 
The fees, costs, or contractual provisions required by the owner in order to share an existing support structure, antenna, or other structure or to adapt an existing support structure, antenna, or other structure for sharing are unreasonable.
f. 
The applicant demonstrates that there are other limiting factors that render existing support structures, antennas, and other structures unsuitable.
g. 
The applicant demonstrates that an alternative technology that does not require the use of support structures, antennas, or other structures is unsuitable.
(2) 
The Village may deny an application to construct new wireless communication facility if the applicant has not shown by substantial evidence, that it has made a diligent effort to mount the facility on an existing wireless communication support structure to reduce the number of such structures needed in the Village.
(3) 
A site plan prepared in accordance with the requirements found in Section 36-352. In addition the scaled site plan shall clearly show the location, type, and height of the proposed wireless communication support structure, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, the location, size, screening and design of all buildings and structures to be constructed, the location and size of outdoor equipment, property lines, setbacks of all structures from property lines, elevation drawings of the proposed wireless communication support structure or antenna, topography, parking, identification of zoning districts of all property within one-half mile of the proposed site, and any other information deemed by the zoning administrator to be necessary to assess compliance with this article.
(4) 
An engineering drawing of the wireless communication support structure design signed by a certified state structural or professional engineer verifying that said design meets all wind load and soil load bearing requirements for the intended site. In addition, such certification shall also provide the manner in which the proposed structure will fall and a designation of the fall zone of such structure.
(5) 
A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure long term, continuous maintenance to a reasonably prudent standard.
(6) 
The name, address, and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated by the applicant during all times the facility is on the premises.
(7) 
A list of all property owners within a one-half mile radius of the proposed site.
(8) 
An inventory from the applicant of its existing wireless communication facilities or sites approved for such facilities that are either within the jurisdiction of the Village or within two miles of the border thereof, including specific information about the location, height, design, and a radio frequency analysis of each such facility.
(9) 
The setback distance between the proposed tower and the nearest residential unit, platted residentially-zoned property and unplatted residentially-zoned property.
(10) 
The separation distance from other such facilities described in the inventory of existing facilities sites set forth in Subsection (c)(8) of this section.
(11) 
A landscape plan showing specific landscape materials.
(12) 
A method of fencing, finished color, and if applicable, the method of camouflage and illumination.
(13) 
A certification of compliance with all applicable federal, state, and local laws.
(14) 
A sworn statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(15) 
The identification of the entities providing the backhaul network or the lines connecting the tower site and antennas to one or more cellular telephone switching officers and/or long distance telephone providers, or the publicly switched telephone network.
(16) 
The identity of the carrier must furnish the identity of the carrier, provider, applicant, landowner, and service provider.
(17) 
The name, address, and telephone number of the officer, agent, or employer responsible for the accuracy of the application.
(18) 
A description of the telecommunication services that the applicant offers or provides to persons, firms, businesses, or institutions.
(19) 
The copies of any environmental assessment (EA) reports which were submitted to the Federal Communications Commission, at the time of the application or at anytime in the future.
(20) 
The copies of any filings submitted to the Federal Communications Commission within 30 days of filing its application.
(21) 
The copies of any determinations or directives issued relative to the site from the Federal Aviation Administration, including any aeronautical studies, determinations or other findings, if applicable, at the time of the application or at anytime in the future.
(22) 
Engineering evidence that the height requested is the minimum height necessary to fulfill the site's function within its grid system.
(23) 
An application fee in the amount established by the Village for the processing of special use permits together with any additional fee required by the chairman for the Village Planning Commission pursuant to the Village escrow policy, together with a fully executed affidavit of intent to comply with said escrow policy completed by the applicant.
(24) 
The application shall also include a description of financial security to be posted with the Village at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed as set forth in Section 30-46.
[Ord. No. 100-5, § VI, 12-15-2000]
(a) 
Providing all of the requirements previously stated in this article have been satisfied, including the review for completeness of the application by the Village Clerk and a review of the site plan by the zoning administrator, the Village Clerk shall forward a copy of the application for special land use request to the Planning Commission within seven days after determining the application is complete. The review for completeness of the application by the Village Clerk shall be concluded within 30 days of receipt of the application. The Planning Commission shall review the application at its next regular meeting and set a public hearing date as required by the notice provisions set forth in Section 502 of Public Act No. 110 of 2006 (MCL 125.3502). The Planning Commission shall make its recommendation to the Village Council within 35 days after the public hearing. The applicant may waive the time requirement to allow submission of additional information to the Planning Commission in response to questions raised at the public hearing. If so waived, the waiver shall be for a period of 35 days. After a preliminary review of the site plan and application for a special land use permit, the Village Planning Commission shall hold such public hearing on the site plan and special land use request, and shall make recommendation in the first instance with respect to the approval or disapproval of the request to the Village Council. The Village Planning Commission shall, in addition to the standards set forth in Article XIV of Chapter 36, also apply the standards and conditions contained in this article, and shall submit for approval by the Village Council a special land use request only upon a finding of compliance with each of said standards and conditions.
(b) 
The Village Council shall then review, in addition to the findings and recommendations of the Planning Commission, the application and site plan requesting a special land use permit to determine if they meet the conditions and standards of this article as well as the conditions and standards of Article XIV of Chapter 36. A site plan and application for a special land use permit shall be approved by the Village Council if they comply in all respects with the requirements of Chapter 36 and this article, and other applicable county, state, or federal laws, rules, or regulations. The site plan, as approved, and any statements of conditions and modifications shall become part of the special land use permit and shall be enforceable as such. The Village Council may impose reasonable conditions with the approval of a special land use application and site plan which are necessary to ensure compliance with the standards and conditions for approval stated in this article and Chapter 36. Such conditions shall be considered an integral part of the special land use permit and approved site plan, and shall be enforced by the zoning administrator.
(c) 
In authorizing a special land use permit the Village Council may require that a cash deposit, certified check, or irrevocable bank letter of credit be furnished by the applicant to ensure compliance with particular land use requirements. Such guarantee shall be deposited with the Village Clerk at the time of the issuance of the special land use permit. In fixing the amount of such performance guarantee, the Village Council shall limit it to reasonable improvements required to meet the standards of this article, and the term "improvements" does not include the entire project which is the subject of zoning approval. The Village Council and the applicant shall establish an agreeable procedure for the rebate of any cash deposits required under this section, in reasonable proportion to the ratio of the work completed on the required improvements as work progresses.
[Ord. No. 100-5, § VII, 12-15-2000; Ord. of 12-12-2002]
(a) 
In addition to any standards for consideration of special use permit applications pursuant to Article XIV of Chapter 36, the Planning Commission shall also consider the following factors in determining whether to recommend that the Village Council issue a special use permit for the construction of a wireless communication facility:
(1) 
The proposed site must meet all applicable area and front, side and rear yard setback minimum requirements in Chapter 36 where not specifically addressed herein and any minimum road frontage requirements that may be established.
(2) 
The use of guy wires is strictly prohibited. All towers shall be self-supporting. Towers shall be surrounded with security fencing and equipped with anti-climbing devices.
(3) 
Wireless communication support structures will be located in limited industrial district I1 south of John Beers Road.
(4) 
Design criteria equipment structures, ground-level equipment, buildings and the support structure base shall be screened from public view.
(5) 
Wireless communication support structures and antennas shall not be artificially lighted unless required by the Federal Aviation Administration or other applicable regulatory body. Where such lighting is required, it shall be shielded or directed to the maximum extent possible to minimize the amount of light that falls onto nearby properties, and, in addition, where such lighting is required, no strobe lights of any kind shall be permitted unless specifically mandated by the Federal Aviation Administration or other applicable regulatory body.
(6) 
Telecommunication facilities shall be designed to blend into the surrounding environment to the maximum extent feasible.
(7) 
Before such facility is constructed, the applicant must provide proof of liability coverage.
(8) 
The wireless communication support structure must be set back from all property lines a distance equal to at least its height, unless engineering plans and specifications have been verified by the Village engineer or other technical consultant retained by the Village that the structural integrity of the tower will withstand high winds and impacts, and the likelihood of a tower failure is minimal.
(9) 
Accessory structures are limited to uses associated with the operation of the facility and may not be located any closer to any property line than 30 feet.
(10) 
Accessory structures shall not exceed 600 square feet of gross building area.
(11) 
All buffer yard requirements within Chapter 36 shall be otherwise satisfied.
(12) 
The division of property for the purpose of locating a wireless communication facility is prohibited unless all requirements and conditions of Chapter 36 are met, as well as all requirements that the Village land division ordinance.
(13) 
The applicant shall provide verification that the wireless communication facility has been built in accordance with the plans and drawings authorized and signed by a certified state structural or professional engineer.
(14) 
All wireless communication facilities must meet the standards of the Federal Aviation Administration and the Federal Communications Commission, if applicable.
(15) 
Wireless communication support structures in excess of 100 feet in height above grade level shall be prohibited within a two mile radius of a public airport or one-half-mile radius of a heliport.
(16) 
Metal wireless communication support structures shall be constructed of, or treated with, corrosive-resistant material.
(17) 
Antenna and metal structures shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable local statutes, regulations, and standards.
(18) 
Wireless communication support structures with antenna shall be designed to withstand a uniform wind loading as prescribed in the building code.
(19) 
All signals and remote control conductors of low energy extending substantially horizontally above the ground between a support structure or antenna and another structure, or between support structures, shall be at least eight feet above the ground at all points, unless buried underground.
(20) 
Wireless communication support structures shall be located and designed so that they do not interfere with telephone, radio, and television reception in nearby residential areas.
(21) 
Wireless communication support structures shall be located so as to allow maintenance vehicles to maneuver on the property.
(22) 
The base of the wireless communication support structure shall occupy no more than 500 square feet.
(23) 
Height of the wireless communication support structures including antennas shall not exceed 199 from grade. The height shall mean the vertical distance measured from the base of the wireless communication support structure at grade to the highest point of the structure including antennas.
(24) 
Existing on-site vegetation shall be preserved to the maximum extent practicable.
(25) 
No advertisement or identification of any kind, except as required for emergency purposes, shall be displayed or erected on the property or facility.
(26) 
The antenna shall be painted to match the exterior treatment of the tower. The paint scheme shall minimize the off-site visibility of the antenna and tower.
(27) 
Wireless communication facilities shall be subject to any state and federal regulations concerning non-ionizing electromagnetic radiation. If more restrictive standards are adopted in the future, the antenna shall be made to conform to said regulation within 30 days or the special land use approval will be subject to revocation by the Village Council. All costs for testing and verification of compliance shall be borne by the operator of the antenna.
(28) 
There shall be no employees located on the site. Occasional or temporary repair service activities are excluded from this restriction.
(29) 
The design and appearance of the wireless communication support structure and all accessory buildings, shall be constructed and placed in a manner so as to minimize distraction, reduce visibility, maximize aesthetic appearance, including landscaping, and ensure capability with surroundings. Appropriate conditions may be imposed as part of the special use permit to ensure compliance with these objectives.
(30) 
All new and modified wireless communication facilities shall be designed and constructed so as to accommodate collocation.
(31) 
The wireless communication facility shall be constructed and maintained in compliance with all applicable laws, building codes, and ordinances. It shall also be demonstrated through soil borings or otherwise that the soil conditions are suitable for the proposed use.
(32) 
To the extent required by law, all wireless communication facilities must be approved by the Federal Communications Commission.
(33) 
All wireless communication facilities shall comply at all times with all Federal Communication Commission rules, regulations, and standards, including the Federal Communication Commission adoption of standards for human exposure.
(34) 
Applicant must also comply with any other applicable federal, state, or local regulations, including the Michigan land division act.
[Ord. No. 100-5, § VIII, 12-15-2000]
(a) 
Abandoned wireless communication facilities. The wireless communication facility shall be removed by the property owner within six months of being abandoned. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operation (transmission and/or radio signals) shall create a presumption of abandonment. If the applicant fails to do so within six months of abandonment, the special use shall be considered revoked. The Village may, at its sole discretion, enter the property and cause the demolition of the tower, antenna, and any necessary structure. Prior to demolition, the Village shall provide written notice of demolition via first class mail to the applicant not less than 30 days prior to demolition. All costs, including attorney's fees, associated with demolition shall be placed on the tax bill of the property as a special assessment.
(b) 
Violation of provisions. Any person who violates any provision of this article shall be guilty of a misdemeanor.
(c) 
Injunctive or other relief. Nothing in this article shall be construed to preclude the Village from seeking injunctive relief or any other relief as may be permitted by law or equity to cure, preclude or abate a violation of this article.
(d) 
Guaranty bond as security for removal due to abandonment. A condition of every approval of a wireless communication facility shall be adequate provisions for removal of all or part of the facility by users and owners when the facility has been abandoned. The applicant shall deposit with the Village a performance guaranty bond as currently established or as hereafter adopted by resolution of the Village Council from time to time as security for the removal of the tower, if abandoned, or an amount equal to a written estimate of the cost of removal prepared by a qualified contractor, or other comparable security to guarantee that the wireless communication facility will be removed when abandoned at the discretion of the municipality.
(e) 
Additional information required. Under this section, the applicant shall provide, upon reasonable notice, all information requested by the Village after the erection of the wireless communication facility to ensure that the facility is in compliance with Chapter 36.
(f) 
Written notice to transfer ownership. The applicant shall provide the Village not less than 30 days' written notice of any anticipated transfer of the ownership of the tower.
[Ord. No. 100-5, § IX, 12-15-2000]
The Village Council shall issue a written statement within two weeks of denial of an application made pursuant to this article.